Parental Alienation: What is it and How Do the Courts Respond?

Parental alienation is when one parent attempts to turn the children against the other parent without a justified cause. The New York family law courts consider it harmful to the children. The courts can use parental alienation as the basis for determining issues related to child custody and whether or not child support should be suspended. Worse still, when parental alienation occurs in a divorce, it drives up the cost of litigation considerably and the length of time it takes to resolve your divorce case.

In this article, the Rockland County divorce lawyers at The Law Office of Robert S. Sunshine will discuss how allegations of parental alienation can impact child custody proceedings in New York.

How do the courts identify parental alienation? 

When determining whether or not one parent is guilty of alienating the children from the other parent, the courts examine a variety of factors and look for specific evidence. Key indicators include the child’s unjustified rejection of the parent who is being alienated. The child may have unreasonably negative beliefs concerning the other parent that don’t fully align with the reality of the case. If a child refuses to see the other parent, this could be a clear indication that parental alienation has occurred. The court will take a deeper look at the relationship between the child and the parent who is potentially alienating the child.

New York judges will consider documented instances of one parent bad-mouthing the other parent to a child. This includes making false allegations of neglect and abuse. Judges can use records of communication between parents that might show one parent attempting to alienate the other. These include text messages, emails, and social media posts. The courts will further consider any changes in the child’s behavior during and after the separation, especially if the child suddenly rejects a parent with whom they were previously quite close. The courts will heavily weigh physical evidence such as social media posts and text messages where the alienating parent bad-mouths the other.

Professional testimony concerning parental alienation 

The court can rely on professional testimony in a child custody case involving parental alienation. Experts including mental health professionals, psychologists, therapists, and others may provide key insights into the child’s mental state and the current toxic dynamic within the family. Such professionals will assess whether or not the child’s attitude toward the parent is a result of parental alienation or genuine estrangement.

When the courts appoint a psychologist to examine the children for parental alienation, the experts produce what is called a forensic report. This forensic report can cost upwards of $45,000 billed to the couple. So, allegations of parental alienation are quite costly and take a considerable amount of time to produce.

Talk to a Westchester County, New York Family Law Attorney Today 

The Law Office of Robert S. Sunshine represents the interests of Westchester County residents who are currently locked in a custody dispute with their former spouse. We advocate on behalf of our clients and ensure that their interests are heard and noted by the court. Call our Westchester County family lawyers today to schedule an appointment, and we can begin advocating on your behalf right away.