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How to handle parental alienation in your custody case

On Behalf of | Jan 23, 2025 | Child Custody |

There’s usually a lot of evidence to work with in a contested custody dispute. Your child might have negative reactions to visitation with the other parent, there may be allegations of the child’s exposure to parental drug use or domestic violence, or there could be accusations of abuse and neglect. While any one of these issues could be sufficient to warrant custody modification, you have to focus on beating the evidence that’s presented against you. That can be hard to do, though, when your child has been subjected to parental alienation.

The basics of parental alienation

Parental alienation occurs through manipulation. Here, one parent morphs the child’s beliefs about the other parent to damage the bond and overall relationship between the child and that other parent. There are many ways that this alienation can occur, too. An alienating parent might:

  • Feed the child false information about the other parent.
  • Inform the child of intimate details of the parents’ relationship.
  • Disparage the other parent while in the child’s presence.
  • Schedule fun activities at a time when the child is supposed to spend time with the other parent to create a desire in the child to stay with the alienating parent and present a poor image of the other parent.
  • Create false memories in the child that negatively portray the other parent.

This alienation can be so severe that it crosses the line into a form of child abuse. Therefore, if you suspect that your child has been manipulated, then you need to figure out how to prove it in court.

How can you gather evidence of parental alienation?

Fortunately, you probably have a lot to work with when it comes to proving parental alienation. Looking for any of the following could give you the legal arguments needed to effectively demonstrate that parental alienation is in play in your case:

  • Your account of your child’s unjustified and harsh criticism of you and your extended family members.
  • Communications with the other parent that demonstrate their desire to drive a wedge between you and your child.
  • Testimony from family, friends and acquittances who can attest to your relationship with and bond to your child.
  • Social media posts showing how the other parent talks about you in a way that your child can see.
  • Accounts of how the other parent has tried to block you from seeing, spending time with and communicating with your child.
  • Your lack of access to your child’s medical, schooling and extracurricular activities and records.

The court will be receptive to a parental alienation argument so long as you give it the evidence needed to see the complete picture. So, as you prepare to head into your custody dispute, be as thorough as possible in looking for and securing evidence. Use the discovery process to your advantage here by deposing key witnesses and requesting helpful documents.

Protect your child’s best interests

Ultimately, the court will be tasked with making a decision that’s in your child’s best interests. Therefore, even though it’s easy to get caught up in personal attacks against the other parent, you really need to tie that evidence into its effect on your child. So, as you navigate your custody dispute, carefully think through how you can frame it as supporting your child’s best interests. If you’d like to learn more about how to do that, then please continue to read our website.

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