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.”
This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes
Child custody Family court and child custody cases Hearsay in criminal cases Parental alienation and child custody Father's rights in child custody Mother's rights in child custody Parental rights in child custody Lawsuits and disputes Family law Guardian ad litem Contempt of court Parenting plan
Sign up to receive a 3-part series of useful information and advice about child custody law.