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A Closer Look at Parental Alienation: What it is and How to Address it in Custody Cases│ Heidi Opinsky Law

Have you been alienated from your child? Here’s what you need to know

In New York, parental alienation is not explicitly recognized as a legal term or grounds for a claim. However, it can still be a factor that a court considers when making custody and visitation decisions.

Parental alienation is a situation where one parent tries to turn a child against the other parent. This can occur during a divorce or custody battle when emotions are running high, and one parent may feel angry or hurt toward the other. Parental alienation can have a significant negative impact on children and can damage their relationship with one parent.

Statistics show that parental alienation is present in 11% to 15% of divorce cases. Research also shows that 20% to 25% of parents engage in alienating behavior as long as 6 years after a divorce. Either the mother or the father can carry out alienating behaviors that lead their children away from the other parent, and the court strongly looks down on this behavior. (1)

If you suspect that your child is being subjected to parental alienation, here are some steps you can take to address the situation in New York:

1. Document the behavior

Keep a record of any instances where the other parent is talking down on you or disparaging you in front of your child. This could include negative comments, false accusations, or attempts to limit your access to your child.

2. Seek legal advice

 If you suspect that your child is being subjected to parental alienation, it’s important to consult with an experienced family law attorney. They can advise you on your legal rights and options and help you develop a strategy for addressing the situation.

3. Consider therapy

If your child is displaying signs of parental alienation, it may be helpful to seek therapy for them. A therapist can help your child understand their feelings and work towards a healthy relationship with both parents.

4. File a motion with the court

If you believe that your child is being subjected to parental alienation, you may need to file a motion with the court. This could include requesting a modification to the custody or visitation agreement or seeking an order that prohibits the other parent from engaging in alienating behavior.

5. Follow court orders

 It’s important to comply with all court orders related to custody and visitation. This can help demonstrate to the court that you are willing to support your child’s relationship with the other parent and can help prevent allegations of parental alienation against you.

Parental alienation can be a challenging situation for families to navigate. If you suspect that your child is being subjected to parental alienation, it’s important to take steps to address the situation and protect your child’s well-being. Working with an experienced family law attorney in New York can help you develop a strategy for addressing the issue and safeguarding your relationship with your child.

Get in Touch with a Skilled Family Lawyer in NY Today

Are you being alienated from your child?

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