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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Can I press charges on my ex wife for parental alienation if

Customer Question

Can I press charges on my ex wife for parental alienation if there is no court order on custody?
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that you are in this situation. However to file suit for 'parental alienation', there must first be a court order in place designating the right of both parents to have access or rights to the child. If there is currently nothing in place, the parties are deemed to have co-equal rights that must be re-evaluated via could order. Then if one parent interferes with the right of the other, a potential contempt claim and a petition for prenatal alienation would be possible.

Good luck.