Parental alienation is a complex issue that can have a significant impact on a child custody case. Understanding the signs of parental alienation as well as the legal consequences associated is important when navigating a custody battle. It is important to be aware of the behavior related to this manipulative tactic and work to fight against it. Work with an experienced Memphis, Tennessee child custody lawyer to discuss your parental rights and legal options when dealing with parental alienation.
How Are Custody Arrangements Made?
Two parents can come together on their own or through mediation to create a mutually satisfactory custody arrangement. However, if this is impossible due to a hostile relationship between parents or some other factor, the decision will be left to the discretion of a judge.
A judge will consider the following aspects of the child and parent’s lives when determining the custody rights and parenting time that each parent will be awarded.
- The age of each parent and their ability to care for the child
- The mental and physical health of each parent
- Each parent’s income and financial status
- The child’s needs
- The child’s preference
- Whether or not either parent has a history of domestic violence, neglect, abandonment, abuse, or criminal history
- The relationship between the child and each parent
- The stability of each parent’s home life
The goal during any child custody deliberations is to ensure the best interests of the child are represented. A judge must consider what custody arrangement will provide the child with the safest, happiest, and best environment for them to grow and develop.
What is Parental Alienation?
Parental alienation can occur when one parent has the goal of ruining the relationship between their child and the child’s other parent. It’s a manipulation tactic used to cause the child to reject their other parent. A parent who is attempting to alienate their child from the other parent may participate in the following behaviors:
- Making negative or disparaging comments about the other parent to the child
- Telling the child that the other parent no longer cares about the child or loves them
- Concocting lies about the other parent
- Limiting or refusing contact between the parent and child
- Withholding important information regarding the child from the other parent
Parental alienation, when successful, can erode the relationship between parent and child, causing the child to act out in inconceivable ways. They might stop listening to their other parent, speak disrespectfully, accuse them of things they did not do, or refuse to see their other parent or their relatives.
Parental Alienation Impact on Custody
Parental alienation significantly impacts child custody proceedings. If it can be proven in court, a judge may take several actions including modifying the previous custody agreement to reduce the influence of the alienating parent or order therapy sessions in an attempt to repair the relationship between parent and child. Depending on the circumstances a court may even transfer primary custody to the targeted parent.
These legal repercussions aim to protect the child’s emotional and psychological development as well as allow the child to maintain a healthy relationship with the targeted parent. Contact an experienced family lawyer for legal advice during your custody dispute.
