Parental Alienation Legal
Nov 26 2022

It may surprise you, but false accusations of domestic violence and/or child abuse are often motivated by parental alienation. How? Divorce is stressful for everyone involved, especially for the most vulnerable members of a family, the children. Parental alienation only increases the stress and negative consequences of divorce. If your ex-spouse is involved in the parental estrangement, you will need to consult with a custody lawyer to discuss your options, especially if adjusting visitation or custody arrangements would help improve the situation. Before proceeding with parental substitution, we should be clear about what we are not saying. Unfortunately, there are parents who have abandoned their children, and in such situations, the other parent will eventually bring another significant into that child`s life. In the case of custody decisions, the court must determine which custody agreement is in the best interests of the child. Ideally, both parents have significant access to the child, so the child has a healthy relationship with each parent, even though the parents may no longer have a romantic relationship and may not even get along. Ideally, parents strive to put aside their differences and work together to develop a successful co-parenting relationship.

Unfortunately, this does not always happen. Instead of making an effort to help the other parent maintain a good relationship with the child, there are instances where one parent is actively working to harm the other parent`s relationship with the child. This is called parental alienation. If you`re worried that the words or actions of your child`s other parents will push you out of your child`s life, contact an experienced New York attorney for parental alienation at the law firm Stephen Bilkis & Associates. We will work hard for you to ensure you have the opportunity to cultivate a positive relationship with your child. If parental representation is allowed to continue, it can become like a virus, and even if you can prove in court that this form of parental alienation is taking place, it may be too late to convince the child (especially as they enter adolescence) otherwise. For them, after years of estrangement, they cannot consider the alienating parent`s behavior as bad. Parental alienation is the term applied to the behavior of the parent who works to alienate their child(ren) feelings for their other parent. Parental alienation syndrome is the harmful psychological consequences in the child or children who have been exposed to a parent`s alienating behaviour. There are a number of behaviours that could be considered parental alienation. Some of them are: They can also testify to what they have heard children say, although this “hearsay” can sometimes be unacceptable. If permitted, it may lead to proof of parental alienation.

If you ask a psychologist, therapist and family advocate what parental alienation is, you may get different definitions. Our care attorneys in California have seen our share of malicious parents trying to alienate one or more children from the other parent. Parental alienation is undoubtedly the psychological abuse of children. Another common method of parental alienation occurs when one parent blames the other parent for the divorce. By constantly discussing separation with or around the child in a way that blames the other parent, the child may also blame the other parent. This can cause the child to annoy the other parent. In general, it is a bad idea for parents to reveal the details of the divorce to the child. Over the years, our firm has developed a five-pronged strategy on how to combat parental alienation. However, in this article (first part of a two-part article), we will share with you the warning signs we have seen that should alert a worried parent that parental alienation could be taking place. At the end of the article, we will discuss what you can do about it. There are also children as witnesses and subjects of alienation. Each of them can help prove parental alienation.

If a parent is alienated, they must persist to protect their rights. If a parent has a court order granting custody or access, their former spouse cannot remove it. Parents should continue to see their children, regardless of any resentment they may feel. If your ex is engaged in parental alienation, it`s important to speak to an experienced family law attorney in Fort Worth as soon as possible. We can help. Our team will help you understand your legal options and the steps you need to take to protect your relationship with your child. We welcome parents who are trying to use their children as pawns in a divorce or custody dispute. Call 817-900-3220 today to schedule a consultation. The above are just a few examples of witnesses that can help prove parental alienation. The father sued his ex-wife, claiming she intentionally caused emotional stress. The Court of First Instance dismissed the appeal. On appeal, the court ruled that parents cannot bring civil suits against each other for parental alienation of their children.

The court found that such allegations would be contrary to public policy as they would oblige children to testify against one or both parents. It would not be in the best interests of the children. However, the court noted that his verdict could be different in a more extreme case. One of them is likely to be the author and the alienating parent. The other is a victim of alienation. Suppose the above situations do not apply. Let us say that there really is parental alienation. What do we mean by that? If you are concerned about parental alienation, it is important to document any instances of manipulation by the other parent and gather supporting evidence. Evidence may include emails, texts, social media posts, and police reports. While it`s important to have enough evidence showing a pattern of behavior and the effects of the behavior on your child, it`s also important to take steps to address the issue as soon as possible. The harm caused by parental alienation can be significant. You and your child may need guidance to rebuild your relationship.

As noted above, except in the most extreme cases, the legal consequences of parental alienation would occur in the context of divorce proceedings or a hearing on an application to change custody and access arrangements. While New York courts recognize parental alienation as a legitimate claim and, if proven, as grounds for changing custody, the standard of proof is high in that there must be evidence that the actions of the manipulative parent caused the child to refuse to spend time with the other parent.