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How could parental alienation affect your custody claim?

On Behalf of | Dec 22, 2022 | Divorce

The theory of parental alienation has never been scientifically proven valid. Yet many courts and litigators treat it as though it has. The belief behind it is that one parent can influence their child to turn against the other parent through their actions and words.

The United Nations is so concerned about the worldwide rise in claims of parental alienation that they have commissioned a report into it. They fear that divorce litigators are weaponizing it, and judges in divorce cases are believing them, putting children’s lives at risk.

How does it work?

Your spouse wants more custody when you divorce (or at some point after). Therefore, they make a claim of parental alienation to the court. They say that you are trying to turn the child against them and are trying to brainwash the child to think that they are a bad parent.

If they make their story convincing enough, and the judge believes that parental alienation is a real psychological condition, you could see your share of parenting time cut drastically. 

A loss of parenting time is not the only problem

If your child claims their other parent abuses them, there’s a good chance it is true. If the abusive parent convinces the judge that it is all a fantasy you inserted into the child’s mind, it frees them to continue the abuse and perhaps expand it. If the judge takes parenting time away from you, you will be less able to protect your child.

Seeking legal to fight your custody case gives you the best chance of fighting back against false claims of parental alienation and giving your child the protection they need.