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How do courts address parental alienation in custody proceedings?

On Behalf of | Aug 14, 2024 | Child Custody |

Parental alienation occurs when one parent manipulates a child to turn against the other parent. This often leads to strained or broken relationships, not to mention significant trauma for the child. 

In California custody proceedings, courts take allegations of parental alienation very seriously. The courts acknowledge the impact that alienation can have on a child’s well-being when they determine the outcome of custody decisions.

What happens when the court suspects parental alienation?

When a parent alleges parental alienation, the court will investigate the claims to determine if alienation is occurring. The court may appoint a mental health professional, such as a psychologist, to evaluate the family. This evaluation includes interviews with both parents and the child. There will likely also be observations of the child’s interactions with each parent. The evaluator will look for signs of alienation, such as the child showing unwarranted hostility towards one parent or refusing to spend time with that parent without a valid reason.

What does the court do if alienation is occurring?

If the court finds evidence of parental alienation, it will consider the impact on the child’s relationship with the targeted parent. California law prioritizes the best interest of the child in custody decisions. The court may determine that parental alienation is harming the child and take steps to protect the child’s relationship with both parents. This can include modifying custody arrangements. The court may increase the targeted parent’s time with the child or even change primary custody to the alienated parent.

California courts recognize that parental alienation can have lasting effects on a child’s emotional and psychological well-being. That is why the court itself has a responsibility to address such issues during custody proceedings. The goal is to foster healthy family relationships and positive development for the child.

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