One of the worst types of
divorce are the ones in which
parental alienation occurs. The courts have held that a parent who alienates a child from
the other parent or deliberately interferes with the relationship may
be presumed to be an unfit custodial parent.
The problem in the courtroom is that it can take the wheels of justice
a long time to grind to that result. In almost all such cases an attorney
for the child is appointed, therapeutic
visitation may be ordered, psychological testing and evaluation (forensics) may be
required, but while all of that is going on, the innocent parent is still
denied meaningful contact with the child. The child has been brainwashed
to think that it is unsafe to be with the other parent, that the other
parent has bad intentions and that the favored parent will be upset if
the child has fun with the other parent.
Right now I am in the middle of representing a parent where the child calls
the father by his first name, says that "Dad" is a name that
has to be earned, claims that the father "hurt" me and while
all this is going on, the therapists who recognize that the Mother is
poisoning the children not only by her words but by her conduct, ie. what
she says and what she doesn't say, her facial expressions and her
total lack of interest in the other parent.
A father who was not seeking custody originally, now must seek custody
to preserve his relationship and to protect the child from the harm of
parental alienation. In addition, the cost of such a complicated case
becomes huge and unless the parents have the financial resources, often
the alienated parent gives up because of the cost.
My only advice is that the result will change as long as you don't
give up. The court will overtime begin to restrict the favored parent,
require more time with the alienated parent, and reduce the financial
award to the interfering parent. If you are in such a fight it will require
much stamina and confidence in your attorney to see you through to the end.