Fighting Parental Alienation in New York
New York takes parental alienation seriously. This guide includes some cases on the topic along with some tips on how to handle your case.
New York recognizes that parental alienation is a serious issueNew York is a jurisdiction that recognizes parental alienation. If you are able to show parental alienation, you can actually use this to gain custody. Furthermore, New York courts recognize that willful interference with parental rights constitutes parental alienation. If you can prove this, then the court will likely find that the current custodial parent is unfit and that custody should be changed. Helpful cases include Entwistle v Entwistle, 61 AD2d 380, 384-385; Matter of Lawlor v Eder, 106 AD3d 739, 740; Matter of Doroski v Ashton, 99 AD3d 902, 903 and Matter of Ahmad v Naviwala, 306 AD2d 588, 591).
How to handle a parental alienation case in New YorkOf course, proving parental alienation isn't always that easy. Your best course of action is to hire an attorney from the first moment that you even suspect parental alienation. Your attorney should work with you to come up with a plan to stop the parental alienation. This will likely involve filing numerous motions in New York family court. You will also need to document every single instance of parental alienation and back up same with evidence. This can include text messages, emails and police reports. Its one thing to claim alienation but its another thing to really demonstrate it through evidence.
If you are the subject of alienation, gather your evidence and utilize the cases above to argue to the court that 1) you have been the victim of alienation and 2) as a result, you should be awarded custody.