Parental Alienation and Determining Child Custody

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Forensic psychiatrist Dr. Richard Gardner initially identified Parental Alienation Syndrome (PAS) in 1985. This disorder frequently arose during child custody disputes among divorcing couples. When this occurs, the child becomes aligned with one parent with the primary goal of denigrating the other parent. In extreme cases, the child who once had a loving and bonded relationship with the targeted parent becomes alienated from them.

What Are Examples of PAS?

Children who are exposed to highly contested custody cases may observe one of their parents vilifying the other for the purpose of destroying the relationship the child previously had with the other parent. Parental Alienation Syndrome does not happen overnight; but rather develops over a period of time. Common behavior may include:

  • The Blame Game—One spouse blames the other for all of the family’s problems, citing this as the reason for the breakdown of the marriage and family unit.
  • The Spy Game—Children are used as spies when one parent questions them about the other spouse’s personal life or asks them to eavesdrop on private phone conversations.
  • Visitation Interference—The custodial parent constantly interferes with the visitation that the non-custodial parent is supposed to have. They may lie and say the child is sick or doesn’t want to see the other parent. Sometimes they will schedule activities for the child so that they are unavailable for visitation.
  • Criticize & Denigrate—This often occurs when one parent speaks negatively about the other while the children are present. Saying such things as, “You’re stupid and lazy and that’s why I left you” only causes more emotional trauma for the child.
  • Alleging Abuse—This is a common theme in contested divorce cases when one parent makes allegations about emotional, physical or sexual abuse against the other parent.

How PAS Can Affect Child Custody

In many divorce cases, there may be animosity and conflict between the spouses and one party may be guilty of brainwashing the children. The targeted parent becomes a victim of false allegations resulting in the child rejecting him or her. The family court tends to err on the side of caution and just a mere allegation of abuse may set into motion restraining orders, arrests and incarceration. These false allegations can have a negative impact on the victim, such as:

  • The loss of their job and reputation
  • Inability to have access to the family home or their children
  • Loss of temporary or permanent custody of the children

When it becomes obvious that the children are being used in this manner, the parent who is being victimized may request that the family court order a court-appointed psychologist to interview the children and uncover the truth. If the court finds these allegations to be invalid, the judge will not look kindly on the parent who has started this campaign of alienation and may punish him or her with fewer custodial rights. In addition, if the parent fails to allow the non-custodial visitation when there is an agreement in place, they may be found in contempt of court and ordered to pay huge fines.

Getting Help From a Family Law Attorney

If you are the victim of parental alienation, you should seek help immediately from a family law attorney. They may be able to request that the court order mediation to resolve the conflict before it gets any worse. The targeted parent may even be questioned by law enforcement about allegations of abuse. Never speak to the police without legal representation. Your words can be misconstrued or misinterpreted and used against you at a later date. 

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