Will Courts Actually Take Parental Alienation Seriously?
Parental alienation can carry real legal consequences, including major changes to custody orders. But understanding how the law treats these situations is critical if you want to protect both your rights and your child’s well-being.
What is Parental Alienation?
Parental alienation occurs when one parent actively influences a child to develop fear, hostility, or unjustified negative feelings toward the other parent.
Courts may not intervene simply because one parent behaves poorly. But when parental alienation is alleged and proven, the law supports the court handing down serious consequences, including modifying custody orders and even taking away custody rights.
What Does California Law Say?
Under California Family Code section 3020, it is public policy of California that children have frequent and continuing contact with both parents, barring any circumstances where that contact would not be in the child’s best interest. The law recognizes that a balanced relationship with both parents is typically beneficial to the child. However, when allegations of parental alienation arise, the courts can take decisive action to investigate and, when necessary, take action to attempt to stem the alienation.
Examples of Parental Alienation
Parental alienation can be about a number of different strategic actions, taken to estrange and weaken the relationship between parent and child. Parental alienation may come about if one parent makes derogatory comments about the other parent in front of the child. Another way it can happen is if one parent is acting to limit the child’s time with the alienated parent. It could also include fabricating false narratives about the alienated parent in order to cast them in a bad light.
Courts understand that parental alienation can have severe and lasting detrimental effects on a child’s well-being. This is why claims of parental alienation, and evidence backing those claims up, are often more actionable in court than simply showing the court that your ex is unpleasant or uncooperative. It is not the court’s place to decide whether one parent has the better personality or behavior than the other. The court does have the right, however, to investigate and act upon instances of parental alienation.
Contact Cardwell Steigerwald Young, LLP
Any behavior or actions that negatively affect a child’s relationship with either parent are scrutinized with great care in court. The court seeks to understand the dynamics at play and how they might influence the child’s well-being and development. Contact the experienced San Francisco child custody and visitation attorneys with Cardwell Steigerwald Young LLP today.
Source:
California Family Code section 3020.
