When considering custody, a Judge looks to each parent’s willingness to foster a relationship between the child and the other parent. Interference with a parent’s relationship with the child does not necessarily determine a bar to that parent’s custody but it is a factor the Judge will consider. In New York there have been several cases where it has been held that the interference between a child the non-custodial parent may be so egregious that it is inconsistent with the best interests of the child that the offending party may be unfit to act as the custodial parent. Maloney v. Maloney, 208 A.D.2d 603, 617 N.Y.S.2d 190 (2d Dep’t 1994).
The courts have found that the interference may be such that it has the potential for permanent damage to the emotional wellbeing of a young, developing child. It has been held that interference can result in a psychological poisoning of a child’s mind to turn the child away from the non-custodial parent.
Parental alienation is not black and white, it is much more than whether the child loves the mother and loves the father. It is important to discuss your matter with a seasoned Family and Matrimonial attorney to determine whether or not you have a real case of parental alienation.
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