Jul 15, 2016 | Family Law

In our last post, we began looking at the topic of parental alienation and how parents can address it. Parental alienation can, of course, be very harmful to children, and it is therefore a concern of the court when a parent displays behaviors which suggest he or she is attempting to turn a child against the other parent or negatively impact the child’s relationship with the other parent.

When a parent is engaging in parental alienation, an important remedy that can be taken is to seek modification of the custody or visitation order. Courts are allowed under state law to restrict parental responsibilities when it is proven more likely than not that a parent is engaging in behaviors which “seriously endangers a child’s mental, moral, or physical health or hat significantly impair[s] the child’s emotional development.

Court’s have discretion as to exactly how to address the situation, but the following are some potential remedies:

  • Reduce, eliminate, or adjust the parent’s decision-making responsibilities and parenting time;
  • Require supervised visitation;
  • Require an intermediary to become involved in the exchange of the child; or
  • Restricting a parent’s communication with or proximity to the child.

A court is actually allowed to impose any restrictions or conditions necessary to ensure the child’s safety and well-being, which means there are a lot of potential options to address the issue of parental alienation. The key to getting such remedies in motion, though, is to secure sufficient evidence to prove parental alienation is taking place, and this is why it is important to work with an experienced advocate.