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Poisoning a child against the other parent and not allowing contact with the child is a reason to get custody?

Lynnwood, WA |

Parent has custody is interfering with relationship of non custody parent and child to the point where non custody parent /child relationship is so damage child who once had a loving relationship with non custody parent doesn't want anything to do this parent and says bad things about this parent. Words the custody parent has used. Parent with custody fights with other parent in front of child saying bad things against the parent and tells the child she doesn't have to see or talk to the other parent. Other parent is about ready to walk out of child's life because knowing custody parent has poison child against other parent. Only way to be in the child's life is through counseling for both non custody parent and child and to get custody so the child can get undo the damage

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Attorney answers 2


If one parent is alienating the child from the other pareint, that could be a basis for modification if it can be proved. The problem is you can't use the child's statements in court because child hearsay is inadmissible. The only way to get that evidence before the court is through a Guardian ad Litem or the child's therapist who woudl be willing to testfy -- not easy to accomplish at all.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements


You may need to file a petition for a major modification of the parenting plan, which might include a requirement for reunification counseling if the parental alienation is severe. The custodial parent may also be in contempt of court. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on child custody, major modifications, and contempt for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”

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