Can Parental Alienation Impact Child Custody?

Parental alienation form and gavel on a table.

When parents dissolve their marriage, one of the most contentious issues they face is child custody. Unfortunately, divorces can bring out the worst of people, and you may find yourself on the receiving end of parental alienation. This type of behavior is detrimental to children. If you are a victim, it’s in your best interest to contact a compassionate Middlesex County, New Jersey, Child Custody Lawyer who can help you hold your spouse liable for the harm they have caused. Please continue reading to learn how parental alienation can impact custody decisions in New Jersey. 

What is Parental Alienation?

Parental alienation is a form of psychological manipulation in which one parent intentionally or unintentionally influences a child to reject, fear, or distance themselves from the other parent. This behavior can be severely damaging, as it often results in strained or severed relationships with the alienated parent. It’s most commonly due to divorce or separation. The alienating parent may achieve their goal by engaging in the following behaviors:

  • Criticising the targeted parent around the child
  • Using the other parent as a scapegoat
  • Restricting or denying children access to the targeted parent
  • Defaming and disrespecting them
  • Undermining the relationship
  • Withholding critical information from the other parent
  • Blaming the other parent for the dissolution of the marriage
  • Gaslighting and falsely accusing the other parent of neglect or abuse
  • Exploiting the child’s emotions

It’s important to note that despite parental alienation not being a diagnosable issue, it’s often recognized as a form of child abuse and, as such, can impact custody determinations.

How Can Parental Alienation Impact Custody Decisions?

Under New Jersey law, parental alienation is not directly outlawed despite its adverse effects on a child’s overall well-being. However, when determining custody, the court uses the best interests of a child standard. This legal standard is used by family courts to ensure the overall well-being of a child rather than what the parents want. Generally, the court believes that having a solid and active relationship with both parents is in a child’s best interest. Therefore, if a parent says or does anything to harm a child’s relationship with their other parent, they risk their parenting time.

If a parent violates an existing custody agreement by restricting access to a child, you should document this behavior as it can support any claims you make to the court. With the help of a seasoned child custody lawyer in Middlesex County, New Jersey, you can file a motion with the court to hold them accountable. If you can prove they are engaging in malicious behaviors that are harming your child or they are violating a court order, the court can modify an existing parenting schedule to safeguard a child’s best interests.

As you can see, parental alienation can impact custody. At the law offices of Aditya Surti, LLC, we are prepared to help fight for you and your family. Contact our dedicated legal team today to learn more about child custody in New Jersey and how we can assist you.

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