Divorce is almost always a contentious and emotional process, particularly when children are involved. In some unfortunate cases, one parent may attempt to turn the children against the other parent, a phenomenon known as parental alienation. This behavior can harm the parent-child relationship significantly, as children are impressionable and easily manipulated.
Fortunately, if this tragic situation is happening to you, you don’t have to take it lying down. There are legal options available to you that can help you to protect and restore your relationship with your child.
Recognizing Parental Alienation and Its Impact
Parental alienation involves one parent deliberately influencing the child to reject or distance themselves from the other parent. This can manifest in various ways, such as making negative comments about the other parent, interfering with visitation schedules, or even manipulating the child to express unwarranted fear or hostility.
In New York, the court considers the best interests of the child as the primary factor in custody decisions. Parental alienation can be detrimental to a child’s emotional health and may affect the court’s assessment of what arrangement best serves the child’s needs. Parents who suspect alienation should document instances and seek professional evaluations to support their claims.
Addressing Interference with Custody Arrangements
Interference with visitation and custody arrangements is another serious concern. When a parent deliberately obstructs the other parent’s time with the child, it is a violation not only of the other parent’s right to spend time with their child, but it’s a violation of the child’s rights as well.
Fortunately, a parent has many legal tools available for dealing with this situation. For example, New York law establishes that interference with visitation rights can result in modifications to or temporary suspension of payment obligations. In other words, if you can make a solid case to demonstrate to the court that your ex is interfering with your rights – and the rights of your child – to have a solid parent-child relationship, the court may penalize your ex financially.
Parents experiencing interference should keep detailed records of incidents, communicate concerns with the other parent if possible, and seek legal counsel. Courts in New York have the authority to enforce visitation rights and – in severe cases – even modifications of custody orders.
While facing parental alienation is an extremely painful affair, it is important for parents to remain hopeful and proactive. If you take informed steps and leverage all legal tools available to you, you can work towards rebuilding and maintaining a strong, loving relationship with your children, even in the face of adversity.
