Sadly, our firm has seen and handled many cases of parental alienation, which typically occur upon the finalization of a divorce. Parental alienation is defined as one parent, usually intentionally, influencing their child to dislike, fear, or withdraw themselves from another parent. This, obviously, puts a strain on the child’s and the alienated parent’s relationship, and overall threatens the compliance of an existing custody arrangement. So, if you believe that you have been made the alienated parent in this situation, you must address this issue with the New York State Family Court. Continue reading to learn how the family court will handle your parental alienation case and how an experienced New York City child custody attorney at Zimmet Law Group, P.A. can help you get a positive outcome after this less-than-ideal situation.
What constitutes a case of parental alienation?
It may be difficult to initially identify that you have a case of parental alienation on your hands, as the behaviors and actions are usually subtle and nuanced. Nonetheless, you must look out for any of the following signs shown through your child, which may sadly be used as the currency of such abuse:
- Your child may think critically and express criticism toward you, even if you have never done anything to prompt it.
- Your child may act rebellious with you without any guilt or remorse, while they behave with their other parent.
- Your child may make false allegations against you, which you may only assume came from their other parent.
- Your child may no longer want to stay with or visit you and your extended family, without a valid explanation.
How does the family court handle a case of parental alienation?
If you and your child are being made the victims of parental alienation, you may take the initiative to petition for a post-judgment modification of your custody arrangement with the New York State Family Court. Simultaneously, you may file a motion seeking the appointment of a child custody expert. This expert may assess the situation and help the court decide how to handle it.
If the court finds that parental alienation exists and that it is detrimentally affecting your child’s well-being, they may first order you to enroll your child in therapy. In addition, they may order you and your child to attend reunification therapy to rebuild the relationship you temporarily lost. Lastly, they may call on your child’s other parent to participate in parenting classes so they learn to disengage from such harmful actions and behaviors.
Also, the court may incorporate more specific language into your child custody agreement, which may prohibit a parent from talking negatively about the other in front of the child, or otherwise engaging in actions and behaviors that may promote alienation. More drastically, the court may alter your custody arrangement altogether. That is, they may grant you additional custody rights to make up for the parenting time lost to alienation. Then, they may order your child’s other parent to supervised visitation, so that a responsible third party may monitor that such alienation tactics are no longer being used.
We advise you to reach out to one of the skilled New York City matrimonial and family law attorneys sooner rather than later. We are confident that you will not regret retaining the services of our team at Zimmet Law Group, P.C.
