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Parental Alienation of Children

divorce attorneysParental alienation of children is now recognized by the Courts in New York to be detrimental to the best interest of children. When one parent alienates the children from another parent he or she is simply hurting the children. Each child has two parents and each of the parents adds to the quality of the human being the child will become.

Parental alienation syndrome involves one parent, through subtle and not so subtle means, encouraging denigration, bad feelings, a lack of love and a sense of animosity to the other parent. When one parent motivates the children in this negative manner regarding the other parent, the children become “alienated” from the other parent.

Parental Alienation And Changing Custody

In some cases, the Courts in New York have removed the children from the home of the parent who caused the children to be alienated from the other parent and given custody to the other parent. In these cases, the Courts in New York have found it in the children’s best interest to have custody changed.

It is the obligation of the residential custodial parent to foster visitation of the children with the nonresidential custodial parent. Visitation, which is now referred to as parenting time, is important for the development of the relationship with the children and the nonresidential parent.

In the case of In re Jeffrey Doroski v. Nancy Ashton, the Appellate division (an appeals court), in its decision, stated “parental alienation of a child from the other parent is in fact so inconsistent with the best interest of the children as too, per say, raise a strong probability that the [offending party] is unfit to act as a custodial parent.”

Action To Be Taken To Avoid Parental Alienation

The first thing a parent should do when presented with the situation of parental alienation is to speak to the other parent who was alienating the children. Try to educate the other parent that he or she is simply hurting the children by taking this action. Discuss family counseling with the other parent to deal with this situation.

child advocacy and assistance for parentsIf the alienating parent continues with his or her destructive behavior regarding the children, immediate legal action is necessary. It is important to nip parental alienation syndrome in the bud. The longer the alienating party has to turn the children against the other parent, the more difficult it is to undo this negative conditioning. Issues concerning parental alienation in the State of New York are handled either in the Supreme Court or in the Family Court.

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