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Before you and your spouse can finalize your divorce case, you may have an informal custody arrangement in place, so that you may still care for and spend time with your child during this confusing time. However, you may begin to notice that each time your child returns from your spouse’s place, they grow further and further away from you. This may lead you to question whether your spouse’s behaviors constitute parental alienation, with concerns of parental alienation spiraling through your mind. Well, in this case, please continue reading to learn how to effectively deal with parental alienation in divorce court and how an experienced Bergen County child custody attorney at McNerney & McAuliffe can help prove your case.

What are signs that my child has fallen victim to parental alienation?

First of all, the legal definition of parental alienation is when one parent intentionally or unintentionally influences a child to reject, fear, or distance themselves from another parent. Sadly, this usually results in an emotionally harmed child who now has a strained or severed relationship with the alienated parent. Understandably, it may be your worst fear come true if you are made into an alienated parent. So below are signs that you should look out for, so that you may deal with this issue before it is too late:

  • Your child shares their other parent’s disparaging comments about you and your parenting, made in their presence.
  • Your child rebels against you because their other parent undermines your authority while under their care.
  • Your child denies wanting to visit you because their other parent made them believe it was their decision to make (i.e., parentification).
  • Your child expresses their belief that their other parent’s new partner loves them more than you do (i.e., parent substitution).

How do I deal with parental alienation in divorce court?

Though you may feel your child slipping away due to parental alienation, you must not panic at this time. Rather, you must build a solid case to present to the New Jersey family court, so that they may help you deal with it.

This all starts with gathering evidence of parental alienation incidents that have happened thus far. Such evidence may include your personal written accounts of these incidents, with times, dates, and detailed descriptions. It may also help if you have copies of written communications (i.e., emails, text messages, voicemails, etc). between you and your child or spouse that point to this alienating behavior.

From here, you may request that the court appoint a custody evaluator to assess the situation at hand. It may be a pivotal moment if they can testify in your court proceedings and confirm that said alienation is taking place. An evaluator may even go as far as to suggest that the court order certain remedies for this. These suggestions may be family therapy with you, your spouse, and your child; reunification therapy with you and your child; and a modified custody arrangement that ensures you get sufficient parenting time and your spouse perhaps gets supervised visitation.

We advise you to reach out to a skilled Bergen County family law attorney sooner rather than later. We are confident that you will not regret retaining the services of our team at McNerney & McAuliffe.

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