Menu
11.30.2024 Newsletters Doerner

Understand How Parental Alienation Laws Impact Divorce

parental alienation laws

According to the Centers for Disease Control and Prevention, approximately 674,000 marriages end in divorce every year. Parenting during divorce is difficult and emotional. Situations involving “parental alienation” can make matters worse. 

This involves one parent manipulating a child to the detriment of the other parent. The silver lining is that legal guardrails allow courts to address this. 

This article explores parental alienation laws as they relate to divorce and child custody disputes. Keep reading to learn how this might apply to your case and circumstances. 

What Is Parental Alienation?

Parental alienation is a legal concept used in family court proceedings. It refers to a wide range of activities or behaviors exhibited by a parent who actively tries to alienate or undermine a child’s relationship with the other parent. 

Examples of parental alienation include negative comments made to the child about the other parent. Restricting the child from communicating with the other parent is another common example. 

One parent may use the child as a spy to report on the other parent’s activities or conversations. While more general, remarks that make the child feel like they must choose between one parent or the other can also constitute parental alienation. 

Parental alienation can also happen without the involvement of children. For instance, a parent withholding important information about the child’s life – such as medical or educational updates – from the other parent can contribute to parental alienation. Completely ignoring the other parent’s presence in front of the child is another example.  

How to Address Parental Alienation?

Parental alienation can be difficult to prove in court. That is because parental alienation laws require proof that one parent is intentionally trying to undermine the other.  

Also, courts sometimes give significant weight to the child’s preferences when making decisions. If the child has been manipulated to favor one parent over the other, this can be a difficult hurdle to overcome. 

However, it is not impossible. In Oklahoma, family law regulations require that the child’s best interest be the primary consideration in all custody cases. 

This includes their emotional needs. If a parent can prove that the other parent is manipulating them for their own interests, the court can intercede. 

Oklahoma courts will weigh how willing parents are to cooperate with the court and each other when making custody rights determinations. They also will consider each parent’s emotional stability. These two realities can work against a parent who is working to interfere with the relationship the child has with the other parent. 

Due to this complexity, it is vital to seek legal representation if you suspect such actions are taking place. It is imperative to take the right actions and avoid any missteps to achieve the best possible outcome for your case.  

Learn More About Parental Alienation Laws

Now that you have a basic understanding of parental alienation laws, you can take steps to address it. Consult with an experienced family law attorney to determine how best to proceed.  

For almost 130 years, our firm has provided the highest level of legal advice and representation to individuals and businesses in Oklahoma and throughout the country. Our team of attorneys has not only been recognized as experts in the field of family law but thought leaders who understand trending legal topics that impact our clients. Contact us today to schedule a free consultation. 

Print