A1 Document Preparation

PROVING PARENTAL ALIENATION IN CHILD CUSTODY CASES
By Bickford Blado & Botros

Divorce or parental separation is a difficult time for any family. Though many families try to work with each other, this isn’t always the case. There are unfortunate situations where one parent attempts to harm the relationship between the child and the other parent. These attempts can be considered parental alienation if the child rejects or estranges themselves from that parent.

Many parents see children pull themselves away emotionally after separation because it’s also difficult for kids. In most cases, it just takes time and understanding. For some parents, however, those bonds don’t heal because of the manipulative tactics of their co-parents. Parental alienation can be minor or severe. It’s essential to understand how that impacts your family and what you can do about it if you’re a parent who suspects your child is being intentionally distanced from you.

Understanding Parental Alienation:-

Parental alienation commonly coincides with divorce and separation, where one parent will create distance between their co-parent and their child. A parent may do this through behavior such as:

-Consistently criticizing the other parent and making negative statements
-Sharing personal information about the other parent with their child
-Creating lies about the other parent
-Refusing to let their child talk to or visit the other parent
-Ignoring custody court orders
-Refusing to negotiate a parenting plan
-Planning activities with their child to interfere with the other parent’s visitation or custody
-Making comparisons between a new partner and the other parent
-Controlling or preventing communication between their child and the other parent
Keeping essential information about their child from the other parent, such as healthcare records or the child’s activities or report card
These behaviors can occur regardless of the gender of either parent. They intend to change the child’s view of the other parent and fear or hate them. These behaviors can occur even if the parents live together or are separated.

Identifying Parental Alienation in Children:

The leading indicators to identify parental alienation include:

-A child refuses or resists a relationship with one parent
--The child and that parent used to have a good relationship
The parent doesn’t seem to be neglectful, abusive, or otherwise a bad parent
-The parent that currently has a good relationship with the child shows signs of alienating them from the other parent.
-The child shows behaviors of parental alienation.

Children can exhibit signs that parental alienation is occurring. It’s important to note these signs if you suspect alienation. iBe aware that these behaviors can also happen without the other parent behaving in a manipulative or alienating way. Potential signs include:

-The child directs unfair criticism to one parent, seemingly with no reason or true evidence.
-The child has only negative feelings about this parent and positive ones about the other parent.
-The child consistently supports the alienator parent.
-The child repeats language, lies, and negative thoughts said by the alienator parent when talking about the alienated parent.
-The child doesn’t feel guilty about their negative treatment or feelings toward the alienated parent.
-The child’s dislike of the alienated parent includes the direct relatives of that parent.

What Can I Do About Parental Alienation?

Evidence of parental alienation could impact decisions about child custody and visitation orders. If you and your co-parent are already separated, evidence of parental alienation could lead to modification of those orders. Proving alienation is hard. You can demonstrate your and your child’s relationship and how it may have changed. You can present evidence such as:

-Parenting time – When an alienated parent tries to manipulate your child against you, they will try to keep you apart or interfere with your custody and visitation. By noting parenting time, you can present it as evidence that you did not have sufficient or court-ordered parenting time.
-Witnesses – A character witness on your behalf can be useful to show what kind of parent you’ve been to your child. They can also help prove that you and your child were close before parental alienation.
-Documents and pictures – You can show that you and your child were close with images or proof of time you’ve spent together.

Are Mothers Favored in the Child Custody Process?
Fernandez and Karney

For divorcing spouses with children, child custody is almost always the most hotly contentious issues, even more than child support, spousal support, and property division. No parent relishes the idea of an impartial judge deciding how much time than can spend with their own children. But for fathers, common misconceptions and outdated ideas may intensify this fear. For decades, courts commonly presumed that children were best served by staying with their mothers after a divorce, but today, most states have done away with using that perception when deciding on matters of child custody.

Today the courts aim to not give preferential treatment to the mother—or to the father. Today’s standard is to rule in the best interests of the child when deciding on child custody.

Is Nevada a 50/50 State for Child Custody?

While Nevada is a state where joint legal custody is a common outcome for divorced parents, the courts do not mandate a 50/50 split. Instead, the courts adhere to the goal of acting in the best interests of a child, which may not always be a 50/50 split, especially if one parent works long hours or travels extensively. Instead, Nevada considers many relevant factors to make decisions on the physical and legal custody of children.

- The emotional bond between each parent and the child
- The amount of caretaking time each parent devotes to the child
- The location of each parent’s residence to the child’s school and to each other
- Any history of criminality, abuse, or addiction for each parent

The courts have broad discretion in deciding on child custody by adhering to the standard of deciding in the best interests of the child.

Legal and Physical Child Custody in Nevada

In Nevada, the courts encourage parents to meet to try to settle the issue of child custody on their own through a custody and parenting time agreement that suits them both. When parents are able to communicate and compromise, they are often in the best position to decide what’s best for their children. Any agreement must address both legal and physical custody of the children. Legal custody is the right to make important decisions for a child including:

Medical decisions
Educational decisions
Religious decisions
Decisions on extracurricular activities

Physical custody addresses which parent the child predominantly resides with or the framework put in place for children to share time residing with each parent.

If parents can’t come to a mutually acceptable child custody arrangement, the court must step in to decide for them.

Options for Child Custody in California

While every case is unique and California family court judges carefully consider the individual circumstances of every case to decide in the best interests of the child, they typically begin by examining four common custody options:

- Joint full custody to both parents
- Sole full custody to one parent with visitation by the other
- Physical custody with one parent and legal custody to the other
- One parent with physical custody and legal custody while the other has joint legal custody