Parental alienation can have a considerable impact on child custody arrangements in New Jersey. When one parent intentionally attempts to interfere with and damage the child’s relationship with the other parent, the judges in Morris County and across New Jersey take interference with custody seriously. Reach out to an experienced divorce attorney today if you believe you are being alienated by your former spouse. Continue reading to discover the consequences of parental alienation and what you can do to prevent it.
Parental alienation is not a statutory crime in New Jersey, but the behaviors that constitute alienation often violate custody orders and can conflict with the best interest factors courts are required to consider. As such, the court will examine claims that a parent is unwilling to encourage a healthy relationship between the child and their other parent.
When these behaviors arise, they can have significant impacts on custody, as they showcase a parent’s inability or unwillingness to co-parent effectively.
In custody disputes that involve allegations of intentional parental alienation, New Jersey courts will examine whether or not the accused parent is willing to foster a relationship between their child and the other parent in accordance with the best interest standard established in NJ Rev Stat § 9:2-4. As such, the courts are required to consider whether or not either parent has engaged in behavior that interferes with parenting time, harms the child’s emotional development, or damages the co-parenting relationship. When a pattern is established, the courts may determine that the parent is not acting in the best interest of the child, which can have significant impacts on custody.
The act of limiting the other parent’s ability to spend time with their child is in violation of most custody orders. As such, the courts have broad discretion to enforce or modify custody orders.
In cases of serious parental alienation, a Morris County judge may find that the alienating parent’s conduct is so severe that a restructuring of the custody arrangement must occur.
Enforcement and modification filings typically proceed through the Superior Court of New Jersey, Family Part, in the county where the initial custody order was issued. As such, families in Morris County will typically file with the Morris County Superior Court.
The judge may order mediation, appoint a guardian ad litem, or require psychological evaluations before modifying a custody order.
Because alienation can often take a subtle form, ensuring you have documentation and evidence is critical. The courts cannot make custody decisions based on allegations or anecdotal evidence alone.
The courts also recognize the emotional damage that parental alienation can have on children, as prolonged and ongoing exposure to hostility, conflicts, and manipulation can result in anxiety, depression, and other long-term harm for the child. As such, if evidence suggests that the emotional development and well-being of the child is at risk, the court is more likely to intervene on behalf of the child’s best interests.
Prior to taking legal action, you may want to attempt to reach a resolution with your spouse outside of court. However, if this is not possible or interference continues, you should consult an attorney to discuss the next steps.
At Haber Silver Russoniello & Dunn, we understand how difficult it can be when your spouse is intentionally interfering with and alienating you from your child. However, you do not have to navigate these matters on your own. Our dedicated legal team will examine your circumstances to help you fight for the best possible outcome for your unique circumstances. Contact us today to learn how we can represent you during these difficult times.
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