Erlich Law Office

Call Today (630) 538-5331
Call Today (630) 538-5331
Evening and weekend appointments available
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

How Parental Alienation Affects Child Custody Cases

Denise Erlich Image avatar by Denise Erlich

Silhouette of a breakup couple, child custody lawyers

Parental alienation is a factor affecting many custody cases today, but many are abusing these claims. There is much controversy surrounding parental alienation syndrome and how it can influence the outcome of a case.

What is Parental Alienation Syndrome?

Parental alienation syndrome was initially defined in the 1980s by Dr. Richard Gardner. However, there is debate regarding whether this is a valid syndrome or if it can even be properly identified and diagnosed.

Parental alienation entails one parent attempting to drive their children away from the other parent, which is often done by interfering with communications between the alienated parent and the child. A parent might also coach his or her child to reject the other.

Determining the Validity of Parental Alienation Claims

While parental alienation does occur in many cases, some claims may be falsely made by one parent to counter abuse claims by the other. There is little data available regarding parental alienation and how it’s used in court, but research has shown that parental alienation frequently comes up following abuse allegations, significantly influencing judges’ decisions.

A recent three-year study has looked at thousands of cases involving parental responsibility, alienation, and abuse. The study looked at 238 cases and found that fathers accused of abuse, and who in turn accused mothers of alienation, won 72 percent of the time. They also won 69% of cases involving child abuse allegations, and 81% of cases involving child sexual abuse allegations.

Making Abuse Accusations a Priority

According to Joan Meier, the author of the aforementioned study and founder of the Domestic Violence Legal Empowerment and Appeals Project, abuse should be properly assessed before focusing on alienation. Oftentimes alienation winds up being the focus in cases when it may be used to deny abuse.

While claims of parental alienation are sometimes used to work around abuse accusations, some experts claim that the controversy regarding whether it is an actual syndrome is a distraction that interferes with the proper identification of alienation. Many argue that alienation is a type of emotional abuse, and that it should be treated with as much seriousness as other abuse accusations. However, the American Psychological Association and the DSM diagnosis guide for mental disorders do not recognize the syndrome.

When parental alienation is threatening the relationship between a parent and a child, or a parent has been wrongfully accused of parental alienation, a child custody lawyer may be able to help.

Share Button

  • Family Law
    • Divorce
    • Child Support
    • Child Custody and Visitation
    • Spousal Support
    • Post-Decree Modification
    • Order of Protection
  • Business Litigation
  • Collaborative Law

Categories

  • Child Custody
  • Divorce
  • Family Law
  • Infographics
  • Spousal Maintenance (Alimony)
  • Uncategorized
  • Visitation
Denise Erlich Avvo Rating Denise Erlich avvo review Denise Erlich Avvo clients choice Denise Erlich Avvo clients choice

Archives

  • September 2022
  • August 2022
  • July 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • December 2014
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Experience. Trust. Results.

Erlich small logo
Erlich Law Office, LLC
1 Mid America Plaza 3rd Floor
Oakbrook Terrace, IL 60181
Phone Number: (630) 538-5331
Fax Number: (630) 563-2424

Linkedin facebook

 

get driving button visa icon mastercard logo american express logo

Copyright © 2018 Erlich Law Office, LLC. All rights reserved.

Disclaimer | Privacy Policy

Site Map

LawFirm Websites by MarketJD