Divorce is an emotional and stressful process for everyone involved, especially when children are involved. The breakdown of a marriage can strain the relationship between parents and children. Parental alienation is a severe form of emotional abuse that affects children during a divorce case. It is a situation where one parent undermines the relationship between the children and the other parent. Parental alienation can significantly impact a divorce case in New York. This article will discuss how parental alienation can impact your New York divorce case.
What is Parental Alienation?
Parental alienation is a process that occurs when one parent undermines the relationship between the children and the other parent. It usually happens during a high-conflict divorce or separation. The parent who engages in this behavior creates a toxic environment for the children, making them feel that they must choose between the parents. This behavior can take many forms, including:
- Speaking poorly about the other parent in front of the children.
- Making false allegations against the other parent.
- Forbidding children from seeing the other parent.
- Undermining the other parent’s authority in front of the children.
- Refusing to communicate with the other parent about the children’s welfare.
How Parental Alienation Can Impact Your New York Divorce Case
Parental alienation can have a significant effect on your New York divorce case, especially if children are involved. The court in New York has a duty to ensure that the interests of any children involved are safeguarded throughout the divorce process. Therefore, the court is likely to take parental alienation allegations very seriously.
Child Custody Determination
New York courts consider the best interests of the child when making custody decisions. In cases where parental alienation is suspected, the court may order an investigation into the child’s relationship with each parent. The court will look at the history of each parent’s involvement in the child’s life, their ability to provide for the child’s physical and emotional needs, and their ability to promote a positive relationship between the child and the other parent.
Restraining Order
If the court finds that a parent is engaging in parental alienation, the judge may issue a restraining order prohibiting that parent from interfering with the relationship between the child and the other parent. The parent may also be ordered to attend counseling or co-parenting classes to learn how to promote a healthy relationship between the child and the other parent.
Impact On Divorce Settlement
When one parent is engaging in parental alienation, it can lead to an unequal distribution of assets during the divorce settlement. The other parent may receive a more significant share of assets if the court determines that the parent engaging in parental alienation has reduced the child’s relationship with the other parent. The parent engaging in alienation could also face financial penalties, as the court may order them to pay for the other parent’s legal fees incurred in fighting for parental rights.
Consequences of Parental Alienation
Parental alienation has lasting effects on children. It can lead to feelings of abandonment, depression, and anxiety. Children who have been subjected to parental alienation may have difficulty forming meaningful relationships in the future. As such, it is essential to recognize the signs of parental alienation and address it as soon as possible.
Conclusion
Parental alienation can have significant effects on a divorce case, especially when children are involved. It is therefore essential to recognize the signs of parental alienation and address it as soon as possible. The New York courts take parental alienation allegations seriously, and it is essential to fight against such behavior to safeguard the welfare of the children involved. Seek the assistance of a New York family law attorney if you suspect that parental alienation is occurring in your divorce case.