In two recently decided cases, custodial parents were penalized for interfering with visitation and attempting to alienate children from the non custodial parents. In one of the two cases, a mother lost custody of her child; in the other case, the mother was found in contempt and risked further consequences if the conduct continues.
In Chase v, Chase, a mother’s continued false accusations that the father was a pedophile, compelled the Appellate Division reverse a Family Court finding that granted custody to the mother.
The Appeals Court’s finding that the mother failed to produce the child for visitation, made repeated false and unsubstantiated claims that the father sexually abused the child, and repeatedly disobeyed various court orders warranted a change of custody. As a consequence of the mother’s conduct, the Court granted the father custody of the child.
In another case recently decided by the Suffolk County Family Court (Frank G. v. Carol G.), a mother was found to be in contempt of court for her failure to abide by the visitation provisions incorporated in a judgment of divorce.
In both cases, the courts were particularly upset by the fact that the mothers, by their own admission, acted as the sole arbiters of what was the best course of conduct for their children. Both mothers knowingly and intentionally disregarded court orders providing for the fathers’ visitation.
Both courts reiterated the axiom that interference with the relationship between a child and the non-custodial parent by the custodial parent has said to be an act so inconsistent with the best interests of the child as to per se raise a strong probability that the offending party is unfit to act as a custodial parent.
While the holdings of these two cases evidence a judicial hostility to the custodial parent’s attempts to alienate a child from the non-custodial parent, the facts unfortunately show that the non-custodial parent has a long and difficult course to enforce their visitation rights.
Since requests for a change in custody are, quite properly, closely scrutinized, a custodial parent accused of interfering with the non custodial parent’s visitation is frequently given gentle slaps on his/her wrists before facing the consequence of being held in contempt or losing custody.
Help When You Feel Alienated During Child Visitation
Our New York, NY child custody lawyer knows navigating a situation where you feel alienated from your child by the other parent can be incredibly challenging. At the Law Office of Daniel Clement, we understand the complexities involved in these cases, and we’re here to provide guidance and support to protect your parental rights and ensure the best interests of your child are met. Attorney Daniel Clement has been interviewed on various topics of family law in radio, television, and the press, and can provide you with support and guidance.
If you find yourself in a situation where you suspect parental alienation is occurring, it’s essential to take proactive steps to address the issue and protect your relationship with your child. Here are some frequently asked questions and answers to help you understand what to do in this difficult situation:
What Are Some Signs That My Child’s Other Parent May Be Alienating Me From My Child?
Signs of parental alienation can vary, but common indicators include your child expressing negative or hostile attitudes toward you without justification, making unfounded accusations against you, or refusing to spend time with you despite previous close relationships.
How Can I Respond To Parental Alienation Allegations Made By The Other Parent?
Our child custody lawyer in NYC knows that if you’re faced with false allegations of parental alienation, it’s crucial to remain calm and collected. Document any interactions or communications with the other parent, gather evidence to refute the allegations, and consider seeking legal advice from a knowledgeable attorney who can advocate for your rights and interests.
What Legal Options Are Available To Address Parental Alienation?
Legal options for addressing parental alienation may include seeking court intervention to modify custody or visitation arrangements, requesting court-ordered therapy or counseling for the child and parents, or pursuing contempt of court charges against the alienating parent for violating existing court orders.
How Can I Communicate With My Child During A Period Of Parental Alienation?
Maintaining open lines of communication with your child, despite attempts at alienation by the other parent, is essential. Keep your interactions with your child positive, consistent, and focused on their well-being. Consider utilizing alternative methods of communication, such as letters or emails, if face-to-face contact is restricted.
What Steps Can I Take To Prevent Further Alienation And Rebuild My Relationship With My Child?
To prevent further alienation and rebuild your relationship with your child, focus on demonstrating your love and support consistently. Be patient, understanding, and willing to listen to your child’s concerns. Consider seeking the assistance of a qualified therapist or counselor who specializes in family dynamics to facilitate healing and reconciliation.
At the Law Office of Daniel Clement, we understand the emotional toll that parental alienation can take on families, and we’re here to help you navigate this challenging situation with compassion and expertise. For multiple years, attorney Daniel Clement has been the recipient of the Super Lawyers award and you know he will fight for your rights. Contact us today to schedule a consultation and explore your legal options for protecting your parental rights and preserving your relationship with your child. Let us provide the guidance and support you need to achieve a positive outcome for your family; speak with our child custody lawyer in New York now.
