Parental alienation is when one parent purposefully manipulates the child’s relationship with the other parent. For instance, when one parent claims the other is causing the child to want to spend less time with them. One parent could say to the child, “the other parent doesn’t want to see you,” or some other type of language which insinuates that the parent doesn’t “love” him or her. As you can imagine, this can be incredibly stressful on the child and can lead to feelings of alienation and confusion. Occasionally, this can cause the child to develop Parental Alienation Syndrome. Though this syndrome is not officially recognized as a defense by the courts, it does explain the mental damage this type of behavior can cause.
In New York City alienation cases, the courts work with parents to try and remedy the situation for the child’s best interest. The courts first need to determine why the child is being alienated and the best way to resolve the situation. In mild cases, the court may rule that the child needs to see a therapist and that the visitation schedule needs to be changed. The court may rule that the child needs to spend more time with the alienated parent.
In more severe cases, the judge may consider this a form of abuse and completely remove the child from the home of the alienating parent. It is usually in the court’s opinion that the alienating parent does not show remorse and will continue to use the child to cause alienation of the other parent unless drastic measures are taken. Of course, the court will always opt to do a psychiatric evaluation before proceeding. The court always tries its best to mediate the situation in a fair way, but in some cases, a complete overhaul of the custody ruling is necessary.
When addressing an alienation case, it is important to remedy the situation with the help of a New York City parental alienation lawyer as soon as possible to avoid further damage to the child. Unfortunately, courts are not always hasty to attend to these cases. Alienation cases can become very complex and lengthy because they have so many different components. It is always best to seek a competent attorney experienced in alienation cases. New York City divorce attorneys can get your case heard in court quickly and will fight for the rights of you and your child.