Parental Alienation and Its Impact on Custody Determinations

Parental alienation can significantly influence custody decisions in Illinois. When one parent attempts to manipulate a child into rejecting the other parent, it can damage the parent-child relationship and affect the court’s view of the alienating parent. Illinois courts view this type of behavior as undermining the best interests of the child, which is the primary standard courts use when determining custody and parenting time. Understanding how parental alienation is addressed under Illinois law can help you protect your parental rights and your child’s well-being.

Illinois courts aim to ensure that both parents maintain strong and meaningful relationships with their children after divorce. Under 750 ILCS 5/602.7, the Illinois Marriage and Dissolution of Marriage Act outlines factors the court considers when allocating parenting time and decision-making responsibilities. Parental alienation is in direct conflict with these principles since the behavior damages the child’s relationship with their parent, potentially leading to long-term emotional harm.

Recognizing Parental Alienation

Parental alienation occurs when one parent engages in behaviors that intentionally harm the child’s relationship with the other parent. This may include:

  • Speaking negatively about the other parent in front of the child
  • Preventing communication between the child and the other parent
  • Encouraging the child to choose sides in parental conflicts
  • Falsely accusing the other parent of neglect or abuse

These behaviors can create hostility or fear in the child, leading them to reject the targeted parent, even without justification.

Legal Implications Of Parental Alienation

Illinois law instructs courts to prioritize the child’s best interests when determining parenting time and decision-making responsibilities. Parental alienation undermines the child’s well-being. Parental alienation can lead to court intervention. Under 750 ILCS 5/602.10, courts have the authority to order remedies to address harmful parenting behaviors, including:

  • Modifying parenting time to reduce the alienating parent’s influence
  • Requiring counseling for the child or parents to repair damaged relationships
  • Imposing penalties for false allegations or repeated violations of parenting orders

When parental alienation is proven, it can significantly affect the court’s allocation of parenting time and responsibilities.

How Illinois Courts Handle Parental Alienation

To address claims of parental alienation, Illinois courts rely on evidence that demonstrates harmful behaviors. This evidence may include:

  • Testimony from witnesses, such as teachers or family members, about the child’s behavior
  • Documentation of communication interference, such as blocked phone calls or withheld visitation
  • Expert evaluations from psychologists or counselors

If the court decides that parental alienation is occurring, it will take appropriate action to protect the child and make sure there is a healthy relationship with both parents.

Protecting Your Parental Rights

If you believe you are a victim of parental alienation, it is important to act quickly. Document incidents of alienating behavior and consult with an experienced attorney who can help you present your case in court. Our legal team will work with you to gather evidence, advocate for your parental rights, and promote the best interests of your child.

Parental Alienation Frequently Asked Questions

What Is Parental Alienation?

Parental alienation occurs when one parent uses behaviors to harm the child’s relationship with the other parent. This can include negative comments about the other parent, discouraging communication, or falsely accusing the other parent of wrongdoing.

How Does Parental Alienation Affect Custody Decisions In Illinois?

Parental alienation can influence custody decisions because it undermines the child’s best interests, which are central to Illinois law under 750 ILCS 5/602.7. Courts may reduce the alienating parent’s time or responsibilities to protect the child’s well-being.

What Evidence Is Needed To Prove Parental Alienation In Court?

Evidence may include witness testimony, documentation of interference with parenting time, or expert evaluations. Courts often consider the overall impact on the child’s behavior and the parent-child relationship.

Can Parental Alienation Lead To Changes In Custody Or Parenting Time?

Yes, if the court determines that parental alienation is harming the child, it may modify custody or parenting time under 750 ILCS 5/602.10. The court may also require counseling or impose penalties on the alienating parent.

What Should I Do If I Believe I Am A Victim Of Parental Alienation?

Document incidents of alienating behavior, such as negative comments or interference with parenting time, and consult an attorney immediately. Legal guidance can help you protect your rights and address the issue in court.

How Can The Court Help Repair My Relationship With My Child?

Courts may order counseling or therapy to address the damage caused by parental alienation. They may also adjust parenting time to ensure the child has a meaningful relationship with both parents.

Call Our Chicago and Skokie Parental Alienation Attorneys For Your Free Phone Consultation

Parental alienation can have devastating effects on both children and parents. If you believe parental alienation is affecting your custody case, we are here to help. At Gordon & Perlut, LLC, we are dedicated to protecting your parental rights and promoting the well-being of your children.

Contact our Skokie parental alienation attorneys at Gordon & Perlut, LLC to schedule a free phone consultation when you call our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We represent clients throughout Illinois and are here to help you address parental alienation and secure a custody arrangement that serves your family’s best interests.