How Does Parental Alienation Affect Child Custody?

 Posted on July 30, 2024 in Child Custody

There are two components to child custody in Illinois. One part is physical custody, referred to as parenting time by Illinois law. The other part is legal custody, also known as parental responsibilities, which refers to making major decisions for the child, namely:

• Decisions about the child’s education

• Decisions about the child’s health

• Decisions about the child’s religious upbringing

Coordinating parenting time and splitting parental responsibilities is difficult, and it is not uncommon for divorced parents to become frustrated while figuring out child custody. There may be fights, frustration, and hostility, but hopefully, the parents can resolve their issues for the good of the child.

Sometimes, however, a parent may resort to parental alienation. This can negatively affect the child and the parent-child relationship. Illinois law even looks at parental alienation as a form of abuse. This article will discuss what parental alienation is and how it can affect child custody. If you suspect your ex-parent is engaging in parental alienation, speak with an Illinois child custody attorney to discuss your legal options.

What Is Parental Alienation?

Parental alienation is when one parent turns his or her child against the other parent. This is commonly done by disparaging the other parent, often accusing that parent of causing the divorce or not loving the child enough.

Other examples of parental alienation include:

• Discouraging the child from spending time with the other parent: While not exactly disparagement, a parent can try to convince the child he or she will not have fun at the other parent’s house. Alternatively, a parent can schedule fun activities or events during the other parent’s time with the child to undermine the child’s desire to be with the other parent.

• Asking the child to spy on the other parent: This is a tactic sometimes used to find out information about the other parent. The child is effectively turned into a spy and is asked to report the other parent’s activities.

• Undermining the other parent’s authority: This is where one parent invalidates the other parent to the child. For example, a parent might tell the child that the other parent’s disciplinary approach to the child is wrong.

• Bad-mouthing the other parent: Perhaps the most common type of behavior associated with parental alienation, one parent will often discuss the other parent’s bad behaviors. Sometimes this means getting into inappropriate details about the divorce and the parents’ relationship; other times it means constantly criticizing the other parent and even going after that parent’s family members.

Parental alienation is not always intentional. Nevertheless, it harms not only the child’s relationship with his or her parent, but can also harm the child’s sense of well-being, confidence, and feelings of security.

How Does Parental Alienation Affect Child Custody?

Because parental alienation is considered a form of child abuse, courts take it very seriously. If a judge decides that one parent has been alienating the child from the other, it could mean restrictions on child custody for the parent doing the alienating. A court may decide to award more parental responsibilities and/or parenting time to the parent who is the subject of the alienation.

Contact an Arlington Heights, IL Child Custody Attorney

Parental alienation is a toxic act that can erode the child’s well-being and the child’s relationship with his or her parent. If you suspect parental alienation, get an Arlington Heights, IL child custody lawyer involved as soon as possible. At A. Traub & Associates, we work aggressively to make sure our clients and their children have the best possible legal representation. Call 847-749-4182 to speak with an experienced attorney today.