Some custody cases are straightforward. Parents work together to put aside their differences for the benefit of their shared children. They negotiate terms for dividing time and authority. Other times, parents let their anger about their relationship with one another affect how they behave with their children.
In some cases, one parent may even intentionally interfere in the other’s relationship with their shared children. Parental alienation involves one parent refusing to let the other spend time with the children and even trying to turn the children against that parent.
How do allegations of alienation influence the terms of a custody order?
Litigation may become necessary
If one parent makes a claim of alienation against the other, the matter may require the review of a family law judge. Judges have to determine if the claim of alienation has any merit and then how to address the harm caused by alienation.
In cases involving substantiated allegations of parental alienation, judges may modify existing custody orders to grant time to the parent previously denied access. They may even order counseling services to help the parent reunite with their children in a healthy manner.
In cases where there is no proof backing a claim of alienation or the alleged alienation is a response to documented behaviors endangering the children, custody modifications may also be necessary. If one parent has neglected or abused the children, the courts may decide that limiting their future time with the children is in the children’s best interests.
Claims of parental alienation frequently complicate initial custody proceedings and custody modifications as well. Reviewing family dynamics and the existing custody order with a family law attorney can help parents fight back against parental alienation or unfounded claims of alienation.
