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How can parental alienation trigger a change in custody?

On Behalf of | Nov 20, 2024 | Child Custody, Divorce |

Divorce can be challenging for families, often affecting children the most. Thankfully, in Minnesota, the emotional well-being of children is considered in custody decisions. This policy shields minors from parental alienation, allowing them to connect with both parents.

Parental alienation occurs when one parent tries to damage the child’s relationship with the other parent. This can happen in many ways, such as badmouthing the other parent, denying visitation, or manipulating the child’s perception. PAS, or Parental Alienation Syndrome, refers to a child being alienated from a parent. Still, it is essential to differentiate this from estrangement caused by genuine abuse.

Legal consequences of parental alienation

Minnesota recognizes parental alienation as an issue that can affect custody arrangements. The courts aim to act in the child’s best interests, which includes ensuring a healthy relationship with both parents whenever possible. If one parent engages in alienation, it can lead to a modification of custody arrangements. The court may award the alienated parent more custody or parenting time. In severe cases, they can even change the primary custody entirely.

Emotional impact on children

Parental alienation is a form of emotional child abuse, as it can impact a child’s mental health and future relationships. It can lead children to develop issues such as anxiety, depression, and a distorted self-image. They might struggle with guilt or confusion about their feelings towards the alienated parent.

Therefore, you must stay vigilant and identify common indicators of parental alienation, such as:

  • A child expressing unwarranted negative feelings toward one parent
  • A child mirroring the alienating parents’ language
  • A child showing a lack of ambivalence toward the targeted parent

If you suspect alienation, document these behaviors and seek the advice of a family law attorney. This way, you can prepare to present your case in court.

Minnesota courts have options when addressing parental alienation. For instance, they may order evaluations by mental health professionals. Sometimes, they could mandate therapy for the child or the alienating parent.

The courts can also impose sanctions on the alienating parent, including fines or changes to the custody arrangement. The goal is to encourage compliance with court orders and protect the child. If you suspect that your ex-spouse is alienating your child from you, act soon.

You can consult a family law attorney who helps you protect your parental rights. Still, maintaining a positive relationship with your child during this time is crucial. Avoid retaliating or speaking negatively about the other parent in front of your child. This behavior can worsen the situation and may reflect poorly in court.

Parental alienation is a genuine issue that can impact custody arrangements in Minnesota. By understanding the signs, parents can take steps to protect their relationships with their children. If you face such challenges, seeking legal advice and support can help you safeguard your family’s future.

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