Parental alienation: What does it mean and how can it affect child custody?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 15, 2023
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UPDATED: Jul 15, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Family law attorneys are sometimes placed in a difficult situation when a prospective client indicates that they want sole custody and that the other parent should have as little contact as possible with the minor children. In most situations, courts prefer child custody arrangements that allow the child to spend as much time as possible with both parents. While developing or approving a child custody plan, the family law judge tries to determine the best interests of the minor child. The judge takes into account which parent is more likely to encourage frequent and ongoing contact with the other parent.
Parental Alienation
When parents fight over child custody in high-conflict cases, the impact on their children can be profound. Many times, parents do not even realize the impact that their comments and animosity have on their children. Studies suggest that children who have been through high-conflict child custody cases have an increased risk of mental health and addiction problems. Because of the extremely negative impact on the children, the family court will sometimes order a change of custody if it is established that the custodial parent is engaging in attempts to alienate the children from the other parent.
There are sometimes situations where a parent poses a genuine risk to the minor children and thus contact between them is justifiably limited (these cases may involve drug abuse, domestic violence, or child abuse). Parental alienation, on the other hand, is a child’s unreasonable or unjustified dislike or rejection of one parent. Although parental alienation often results from the deliberate actions of one parent, it can also be helpful to look at other factors, such as the interactive dynamics of the family and the impact of the wider social sphere. These factors may help to explain the behaviors in any given case.
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Parental Alienation: Damaging Behavior
A custodial parent’s attempt to alienate a child’s affections can include making derogatory comments about the other parent, attempts to interfere with the other parent’s visitation, comments to the child suggesting that the other parent has abandoned the child or does not care about the child, or other similar attempts to drive a wedge between the non-custodial parent and the minor child. Family law attorneys sometimes file a motion for a change of custody based entirely on the custodial parent’s alienation of the minor children from the other parent.
Parental alienation varies in severity and is measured by the behavior and attitude of the parent and the children. The severity can amount to nothing more than referring to the other parent by a derogatory name, or it can be as devastating as an intentional campaign to destroy the child’s relationship with the other parent. Though most children are able to disregard an occasional derogatory comment about the other parent, serious long-term damage may result from a parent’s persistent campaign of hatred and alienation.
If you are involved in a child custody dispute, the more you exhibit a supportive attitude toward the other parent’s relationship with the child, the more likely you are to experience a positive outcome, both in terms of custody orders and your child’s well-being. An experienced family law attorney can also help you communicate your concerns to the court if you believe your children are being coached toward parental alienation.
Case Studies: Parental Alienation and Child Custody
Case Study 1: The Detrimental Impact of Persistent Alienation
Sarah and Mark recently divorced and have two young children. Sarah, the custodial parent, consistently undermines Mark’s relationship with the children. She frequently speaks negatively about Mark, restricts his visitation rights, and manipulates the children against him. Despite Mark’s efforts to maintain a healthy relationship, the children increasingly show signs of rejecting him.
Case Study 2: False Accusations and the Erosion of Parent-Child Bonds
David and Lisa have been involved in a contentious child custody battle for several years. Lisa, the custodial parent, has consistently engaged in alienating behaviors, such as discouraging the children from spending time with David and making false accusations against him. As a result, the children now display a strong aversion toward David, and their relationship continues to deteriorate.
Case Study 3: The Long-Term Effects of Undermining Co-Parenting
Alex and Emily separated due to irreconcilable differences and share joint custody of their teenage daughter. Emily has been attempting to alienate their daughter from Alex by consistently portraying him as an unfit parent and sabotaging their communication. The daughter’s once-close relationship with Alex has significantly strained, affecting her emotional well-being.
Case Study 4: Derogatory Language and Manipulation
Michael and Jessica’s divorce was acrimonious, and they struggle to co-parent their two children. Jessica frequently disregards the agreed-upon visitation schedule, intentionally creating barriers between Michael and the children. She also uses derogatory language and manipulates the children’s perceptions of their father. Consequently, the children have developed a strong animosity towards Michael.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.