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Parental Alienation Laws

What is parental alienation?

Parental alienation is a social dynamic, generally occurring due to divorce or separation, when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible. These feelings may be influenced by negative comments by the other parent and by other characteristics, such as lack of empathy and warmth of the rejected parent. Many times parental alienation results in unanswered legal questions. Read the top five parental alienation questions that have been answered by the Experts on JustAnswer.

What is the legal definition of Parental Alienation in the state of Alaska?

The phrase "parental alienation" is not defined in Alaska's statutes. Generally courts in Alaska would view parental alienation on a case to case basis, since it has no formal legal definition. It would simply utilize the ordinary "dictionary definition" of the word and would usually be at the discretion of the judge handling the case.

Can someone file a lawsuit for parental alienation in the state of Main?

Maine has published a resolution recognizing Parental Alienation Syndrome as a legitimate concern. Although it does not have a criminal status, it is a basis on which an increasing number of law suits are tried and has formed the basis on which motions in court to rearrange custody have been successful. In some states, parental alienation is also considered a form of abuse. To know the legal standing of parental alienation in your state and jurisdiction, you could ask a Family Lawyer on JustAnswer.

Does parental alienation extend to grandparents?

In most cases it does not. Generally parental alienation has not been extended to grandparents or extended families yet, although laws are ever changing and could be extended to grandparents and extended families in the future.

Is there any legal way to stop an alienating parent if a child is suffering from parent alienation syndrome?

This will usually be up to the courts to take a call on. It's often a matter of how the judge views the situation. Judges usually tend to factor in the best interest of a child before making any decision. One of the first steps would be to file a full custody petition. In considering a child custody issue, a court would usually consider evidence of parental alienation as well. In determining the best interest of the child, a court would consider all relevant factors. If you can prove that one parent is out to destroy a child's relationship with the other parent and it is relevant to the best interest of the child, the court would take appropriate action. However, circumstances of each individual case can vary and what’s applicable in one situation may not be in another. Experts on JustAnswer can review the particulars of your case and provide their legal insights. All you need to do is to ask a Family Lawyer on JustAnswer.

What is the best way to prove that one parent (the custodial parent) is alienating the other parent.

Many times, parental alienation is a result of brainwashing of the child. In such situation, alienation can be difficult to prove in court and generally requires that you retain a licensed child psychologist to act as an expert on your behalf to help prove the allegations.

Parental alienation syndrome can be the result of brainwashing or programming of a child by one parent to denigrate and alienate the other parent. It occurs when one parent takes sustained and concerted steps to denigrate the other parent and urges children to "disrespect" the other parent. Parental alienation occurs when children begin to respond to this sustained effort and begin to shun that other parent. Many times parental alienation can cause many questions to surface, not only on the child’s behalf and best interest, but also with legal matters. Family Lawyers on JustAnswer can help answer any legal question you may have regarding parental alienation.
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