Categories: Family Law

Parental Alienation in North Carolina Custody Cases

Parental alienation is a phenomenon that can occur during custody battles and can have a significant impact on the outcome of the case. In North Carolina, as in many other states, courts recognize the potential harm that parental alienation can cause to children and take steps to prevent it.

Parental alienation occurs when one parent deliberately tries to undermine the relationship between the child and the other parent. This can be done through negative comments about the other parent, blocking access to the child, or even coaching the child to say negative things about the other parent. The result can be that the child develops a negative attitude toward the alienated parent and may refuse to spend time with them. They may also give the child false information about the other parent or exaggerate any negative traits or actions.

One form of alienation is restrictive gatekeeping. Restrictive gatekeeping refers to the behavior of a parent in a custody case who tries to limit or prevent the other parent’s access to their child. This behavior can range from making it difficult for the other parent to see the child to outright denying them access altogether.

In custody cases, the court’s primary concern is the best interests of the child. If one parent is engaging in restrictive gatekeeping, the court may view this as a sign that the parent is not acting in the best interests of the child.

North Carolina courts take parental alienation seriously and recognize that it can have long-lasting effects on the child’s emotional and psychological well-being. In fact, the courts consider it a form of emotional abuse. When parental alienation is suspected in a custody case, the court may order an evaluation by a mental health professional. The evaluator will assess the child’s relationship with each parent and any evidence of alienation. The evaluator may also interview the parents, observe their interactions with the child, and review any relevant documents or reports.

Courts in North Carolina can modify custody arrangements if parental alienation is proven. If one parent is found to be actively alienating the child from the other parent, the court may award custody to the non-alienating parent or modify the custody arrangement in other ways that minimize the child’s exposure to the alienating behavior.

It is important for parents involved in custody battles to be aware of the potential for parental alienation and to avoid engaging in behavior that could be perceived as alienating. This includes refraining from making negative comments about the other parent in front of the child, encouraging the child to maintain a positive relationship with the other parent, and following the court’s custody orders.

In conclusion, parental alienation is a serious problem that can arise during custody battles in North Carolina. The courts in North Carolina recognize the potential harm it can cause and take steps to prevent it. If you suspect parental alienation is occurring in your custody case, it is essential to seek legal advice and gather evidence to support your case. The well-being of your child may depend on it.

 

Spagnola Law Firm

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