What is Parental Alienation?
Parental alienation is a term used to describe a situation where one parent attempts to turn a child against the other parent through negative comments, actions, or behaviors. In New York, parental alienation is not a legal term or cause of action, but it can be relevant in custody and visitation cases.
If a parent is engaging in behaviors that are designed to interfere with the relationship between the child and the other parent, it could be considered a form of child abuse and could impact the court's custody and visitation decision. The court will consider a number of factors when determining whether parental alienation is occurring, including:
1. Whether the parent is making negative comments about the other parent in front of the child.
2. Whether the parent is preventing the child from spending time with the other parent.
3. Whether the parent is coaching the child to make false allegations against the other parent.
4. Whether the parent is interfering with the other parent's communication with the child.
5. Whether the parent is attempting to damage the child's relationship with the other parent in any other way.
If the court finds that one parent is engaging in parental alienation, it could impact the court's custody and visitation decision. The court may order the parent to stop engaging in the behavior and may also modify the custody or visitation order to ensure that the child has a healthy relationship with both parents.