Parental Alienation Claims Can Impact a Child Custody Case

Parental alienation claims have come under a lot of criticism, but evidence of one parent poisoning a child’s relationship with the other can impact a child custody dispute. The child custody Law Office of Taylor B. Warner, APLC represents parents involved in custody disputes. Our clients have accused the other of this type of parental wrongdoing and been the victims of false allegations.  We will discuss parental alienation and how it can affect child custody outcomes.

The Law Office of Taylor B. Warner, APLC child custody attorneys in Rancho Cucamonga, will protect your rights and your child’s best interests no matter which side of the dispute you’re in. Let us put our experience and knowledge to work for you. Call us today at (909) 466-5575 to schedule an initial consultation so you can better understand your situation and legal options.

What are Child Custody Proceedings?

This legal process determines a parent’s role in a child’s life. If they can’t reach an agreement independently, a court will determine which parent will have legal custody (the ability to make essential decisions on healthcare, education, religion, and legal matters) and physical custody (the ability to be with and supervise the child daily). Usually, parents share both types of custody.

California law requires that custody matters be decided based on the child’s best interests. This normally includes maintaining relationships with both parents unless there’s evidence that it would be harmful. 

What Is Parental Alienation? 

Parental alienation is the label used when one parent in a custody dispute is accused of brainwashing their child to cut off the other parent. It’s seen as a false and abusive way to bolster the relationship with the child, make them more dependent, and lessen the other parent’s chances of being awarded custody rights. It’s become more controversial over time, according to ProPublica, because of false allegations against innocent parents.

Potential signs of parental alienation can include the following: 

• Repeatedly criticizing the other parent directly to the child or in their presence
• Interfering with the child’s communication or contact with the other parent
• Telling the child they must choose one parent to love, the other parent doesn’t deserve it, and if the child chooses the other parent, they will cut them off 

Parental alienation as a psychological condition has largely been discredited. The American Psychiatric Association has refused to include in its manual of psychological disorders (DSM), which is considered the definitive listing of valid psychological conditions.

Custody Decisions Must be Based on Evidence

Whether parental alienation is a psychological condition or not, the reality is that there are parents who will:

• Engage in discussions and take actions to wrongly turn their child against the other parent
• Physically, emotionally, and sexually abuse their child
• Fabricate stories of the other parent abusing their child and attempt to poison their relationship with them, in part to get a favorable custody ruling

Given these possibilities, judges need to thoroughly investigate claims of parental alienation and abuse to determine whether they have merit. If a judge finds the claims genuine or the result of a parent lying to the court, they should decide whether the parent’s custody is in the child’s best interests.

If they have enough resources, parents will hire expert child psychologists to render their opinion to the court on the child’s best interests. Courts often hire independent experts to create a custody evaluation and develop recommendations. That person interviews the child, does psychological testing, goes to both homes, and speaks with teachers, alleged witnesses to abuse, and those with insight into the child’s physical and mental health.

The recommendations don’t bind a judge, but they usually carry much weight. As part of the proceedings, the judge can talk to the child to better grasp the situation.

How Does the Law Office of Taylor B. Warner, APLC Handle These Cases?

Our child custody lawyers represent parents on both sides of this situation. As part of that, we investigate what’s going on to develop evidence for the case. 

If we learn a client, or potential client, is committing wrongdoing by alienating their child from the other parent, abusing them, or wants us to help them spread lies about the other parent, we may decide not to represent them. If someone is engaging in wrongdoing but won’t admit it and commit themselves to changing their ways, we won’t be a party to harming a child or deceiving the court.

If we find alienation and abuse claims are credible, we may represent the parent making them. If a parent seeking our help is falsely accused, a child custody lawyer may represent them, too.

Trust Child Custody Lawyer Taylor B. Warner with Your Case

Parental alienation can make for a very heated, emotional case, but what counts most is your child’s best interests. If the parties can’t agree to a solution, a judge will decide who gets what type of child custody.

If you want to discuss child custody or representation, call the child custody Law Office of Taylor B. Warner, APLC so we can discuss what’s going on, your legal rights, and your child’s best interests. Speaking with a Rancho Cucamonga child custody attorney can give you the support and clarity you need. Contact a child custody law firm that understands the complexities of child custody matters. You may also call us at (909) 466-5575.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.