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Parental Alienation: Essential Issues to Consider in Divorce Cases

Posted by Crissy Del Percio | Dec 09, 2019 | 0 Comments

parental alienation

Divorce can be an emotional journey for all parties involved, especially when children are included. Parental alienation presents unique legal issues. Therefore, it is vital for divorced parents and their legal advisors to fully comprehend its implications to reach a just and fair resolution that puts children's best interests first.

Parental alienation occurs when one parent attempts to break down the relationship between their child and another parent by engaging in tactics designed to harm their perception, such as false accusations or comments that are demeaning to that individual or manipulating emotions in such ways as to cause damage. Courts recognize the detrimental impact parental alienation has on relationships as well as the well-being of both parties involved and the overall well-being of the child involved.

Legally, there are various means available to combat parental alienation. When making custody decisions, courts usually consider their best interest as paramount, making decisions regarding legal or physical custody if one parent displays alienating behavior towards the other. They aim to promote stability and emotional well-being by assuring children maintain healthy relationships with both of their parents.

Legally, documentation and evidence are vitally important when combating parental alienation. Courts rely on tangible proof to uphold allegations of alienating behaviors and substantiate such allegations effectively. Maintain detailed records about dates, times, and actions taken that will bolster your case before the court system, legal professionals can utilize this documentation against parental alienation.

Legal professionals and mental health specialists must collaborate when confronting parental alienation. Mental health specialists can offer invaluable insight into family dynamics and evaluate the impact of alienating behavior on a child's development before providing recommendations for interventions. In some instances, courts appoint professionals in mental health as experts for providing expert testimony or conducting evaluations that help inform custody decisions.

Courts in certain jurisdictions can issue orders that directly address parental alienation. Such orders include directives for parents to stop engaging in alienating behavior, attend therapy/counseling sessions, and adhere to visitation schedules. Violating such court orders could have serious legal repercussions including modifications of custody arrangements or even contempt charges being filed against them.

Education and awareness are key components in combating parental alienation within the legal system. Legal professionals, judges, and court personnel must recognize signs of parental alienation and its effect on custody disputes. Resources and training programs may help increase awareness of this phenomenon for better decision-making processes.

False accusations of parental alienation can have severe legal repercussions, potentially leading to counterclaims and further complicating legal proceedings. Courts must assess all evidence presented to ensure fair, impartial, and balanced analysis while protecting both parents' rights.

Parental alienation must be addressed carefully within the legal framework for divorce and custody proceedings, taking into account how courts prioritize children's best interests when crafting custody agreements that promote healthy parent-child relationships. Legal professionals equipped with documentation, collaboration with mental health specialists, and knowledge of court orders can play a vital role in combating parental alienation by working toward resolutions that protect children's well-being while helping strengthen family dynamics with legal expertise and diligence.

To ask questions related to this topic or to hire a legal professional specialized in divorce, contact Drama Free Divorce through this number (816) 615-5555. Drama Free Divorce is composed of a team of divorce attorneys that are experts in helping couples avoid or lessen stress and further problems when processing divorce.    

Parents who find themselves engaged in contentious custody battles should know their rights so they can navigate this tangled legal terrain effectively.

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 

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