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How to Prove Parental Alienation in Child Custody Cases

  • Posted on February 15, 2013 by Christopher Migliaccio

Many parents wrestle with how to prove parental alienation. Though they may recognize some of the telltale signs of alienation, proving that it’s actually happening to the courts is another story.

In child custody cases, parental alienation can influence the final custodial verdict significantly. Unfortunately, some courts may not immediately recognize it, but if the court is convinced of a parent’s attempts to alienate the child from the other parent, it may ultimately look negatively upon the alienating parent.

Ways to Prove Parental Alienation in Court 

There are several tactics an attorney may use to prove that parental alienation is occurring. Some of these include: 

  • Determining the child’s reasons for not wanting contact or communication with you. If these reasons aren’t justified, it may stand to reason that an attempt to alienate the parent is occurring.
  • Using testimony of the parents themselves and anyone who may have witnessed alienating behavior.
  • Conducting and showing interviews with the child, addressing the child’s feelings and attitudes toward each parent.
  • Utilizing the testimony of medical health experts or psychologists. According to a 2010 study by the American Journal of Family Therapy, parental alienation is a mental condition. Experts in this field may be able to analyze the situation, recognize signs and testify whether parental alienation is present.

You can help your attorney prove alienation by keeping a log of your child’s behavior. Anytime the child acts or speaks in a way that indicates alienation, write it down. Additionally, keep track of your former spouse’s behavior, too; if he or she refuses to let you speak with, see or otherwise communicate with your child, record the incident.

Enlisting an Attorney for Help 

If your ex uses parental alienation to damage your relationship with your child or to attempt to influence the outcome of a child custody case, legal help may be necessary. Call (888) 584-9614 to speak to a child custody attorney at Warren & Migliaccio in Richardson to discuss how you might prove parental alienation in child custody cases.

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