Generally speaking, parental alienation involves one parent taking actions or making statements to his or her children designed to denigrate the other parent and diminish the children's relationship with the other parent. Put plainly, parental alienation is exactly what it sounds like, actions taken by one parent to alienate the children from the other parent.
Parental alienation is recognizable in many forms. For example, a custodial parent interfering with or withholding parenting time from the non-custodial parent, one parent repeatedly making derogatory statements about the other parent to the children, and false child abuse allegations made by one parent in an attempt to sever ties between the children and the accused parent are all ways one parent may seek to alienate their children from the other parent. See Weickert v. Weickert, 268 Ga. App. 624 (2004), In re M.E., 265 Ga. App. 412 (2004), and Petry v. Romo, 249 Ga. App. 99 (2001).
Because Georgia courts recognize it is important for children to maintain a close relationship with both parents, even in the event of divorce, Georgia courts may modify child custody in cases where it is clear one parent is seeking to alienate the children from the other parent. According to Georgia law, when determining child custody, the court must consider the best interest of the child or children involved and award custody accordingly. One factor that the court must specifically take into consideration when determine custody is "[t]he willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child." O.C.G.A. ยง 19-9-3(a)(3)(N). Thus, for example, in a case where primary physical custody has been awarded to Father post-divorce, if Father continuously refuses to facilitate parenting time between Mother and Children, a Georgia court may find that the circumstances of the case are such that child custody should be modified and Mother should be awarded primary custody.
With the above in mind, if you are a victim of parental alienation, contact the knowledgeable attorneys of the Atlanta Divorce Team. We will be more than glad to walk you through your option to seek a child custody modification.