Parental Alienation - New York Family Law
When one parent prevents the other parent from having a meaningful relationship with a child or children the legal issue of parental alienation must be addressed. Parental alienation is a basis for a change in custody.
The New York Family Court requires that, absent special circumstances, both parents must be actively involved in a child's life. The family court has determined that active involvement by both parents is always in the child's best interests.
A parent that takes steps to alienate a child from the other parent or attempts to "turn" the child against a parent violates the law and is considered by the family court to be a very serious violation of parental rights.
Some clear examples of parental alienation are:
- Denying access or visitation to a parent
- Over scheduling or scheduling the child's events on a parent's visitation time
- Not permitting telephone contact between the child and the parent
- Monitoring the child's telephone calls with the parent
- Disparaging the other parent in front of the child or allowing others to do so
- Encouraging the child to call another person "mom" or "dad" who is not the parent
- Canceling visits with a parent or repeatedly showing up late
- Not informing a parent about school or health issues with the child
- Prohibiting a parent from spending holidays, birthdays or vacation time with the child
- Violating court orders
If you are the victim of parental alienation you must contact a Family Law attorney immediately. In these cases, time is of the essence as it is always advisable to immediately go to the family court to address any parental alienation problems.
How to fight against parental alienation
At the law firm of Proto, Sachs & Brown, LLP our family law attorneys aggressively take all necessary steps to protect our clients against parental alienation. This includes filing the necessary petitions with the New York Family Court or New York Supreme Court in a divorce action. Most importantly we immediately address new issues as they arise.
For example, in the Westchester County Family Court our client has repeatedly been denied access to their child based upon ridiculous excuses from the custodial parent. After our office started working on the case every time a problem occurred our client contacted us and we were immediately on the phone with the other attorney and/or filing a violation petition in Court.
Usually a parent who intentionally alienates a child from another parent is stubborn and unreasonable therefore it is best to place constant pressure on that parent to ensure a meaningful relationship.
Parental Alienation Law
Our family law attorneys know the law and we use the different laws and prior cases law to protect our clients.
By legal definition, parental alienation of a child from the other parent, including willful interference with his/her visitation rights is an act so inconsistent with the best interest of the child as to per se raise a strong probability that the offending party is unfit to act as the custodial parent.
Many times we petition the family court for a change in custody as a court is likely to change custody if there is a pattern of conduct to frustrate and alienate a parent from the child.
Call Today for a Free Initial Consultation
Our family law lawyers practice in Westchester and the surrounding counties. Our main office is in downtown White Plains, New York. Our rates are reasonable and we handle every aspect of the case to take pressure off our clients always working to obtain their goals.
We understand that many of the above issues do not occur between 9:00 am and 5:00 pm therefore, we make ourselves available afterhours to address any conflicts or emergencies.
If you or a loved one is involved in any type of family court matter, including custody or parental alienation, call us today (914) 946-4808 or contact us by e-mail.
