Going through a divorce or the dissolution of a long-term relationship can be an extremely difficult and emotionally charged life transition for you and your family, especially if there are children involved.
Acrimonious parental responsibility disputes sometimes turn ugly when discord evolves into hatred, with one parent attempting to negatively influence the child’s feelings towards the other.
This behavior, known as parental alienation, can significantly impact child custody arrangements. The Illinois General Assembly defines parental alienation as an “unacceptable manipulative process used by one parent to alienate a child from the other parent by disparaging conduct or words to encourage the child to dislike or break communication ties.”
It’s crucial for parents navigating complex custody cases or a contested divorce to understand the nuances of this phenomenon and how it can affect the future and well-being of their child.
Emotional Child Abuse
In Illinois, the law favors the best interests of the child, and there are several factors that the court considers when determining the parents’ responsibilities and the allocation of parenting time.
When the 98th General Assembly designated April of 2013 as “Stop Parental Alienation Awareness Month,” in HR0113, that body also stated that parental alienation (PA) is a form of child abuse because it denies a child “a loving and supportive relationship with both parents,” and that these tactics have been known to lead to “child kidnapping, murder, and suicide, or other destructive behavior.”
While parental alienation is not usually an arrestable offense, it is typically addressed through civil proceedings and can be highly traumatic for the child.
This behavior by the alienating parent goes beyond typical post-divorce tension or occasional negative comments. Instead, it involves a concerted effort to turn the child against the targeted parent, often through false accusations, disparagement, or interference with visitation and communication.
It can sometimes be confused with parental alienation syndrome (PAS), as coined by Dr. Richard Garder in 1985, a condition in which children wrongly believe they are being abused by the rejected parent. PAS has been discredited by the National Council of Juvenile and Family Court Judges and is not recognized as a formal diagnosis in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5).
However, PA profoundly affects both children and alienated parents, and children in this situation are at increased risk for future trust and relationship issues, depression, and substance abuse, according to the publication Psychiatric Times.
Identifying the Signs
The courts will strive to distinguish parental alienation from situations where a child’s negative feelings towards a parent are justified due to abuse, neglect, or other harmful behavior. True parental alienation involves the manipulation of a child’s perceptions and emotions by someone they trust.
Signs of parental alienation can include a child expressing unjustified hatred or fear towards one parent, parroting negative statements about the targeted parent that seem rehearsed or age-inappropriate, refusing to spend time with or communicate with the targeted parent, and new or worsening academic or behavioral problems.
The child may deny any positive past experiences with the targeted parent and extend negative feelings to that parent’s extended family. In severe cases, the child may demonstrate a lack of guilt or ambivalence about rejecting the targeted parent.
If you believe that you and your child have been targeted by PA or other insidious types of emotional abuse, consult with an experienced Illinois family law advocate to take immediate steps to protect your rights and the welfare of your child.
Legal Considerations in Illinois Custody Cases
In Illinois, child custody is referred to as the “allocation of parental responsibilities.” State laws prioritize the best interests of the child when making decisions about parenting time and decision-making responsibilities.
When evaluating custody cases, Illinois courts examine a multitude of evidence. Section 607.6 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) gives the court the authority to order parties and their child(ren) to participate in confidential counseling in certain instances and may appoint a Guardian ad Litem or seek opinions from doctors and other expert witnesses.
The court may also order mediation to assist the parents in formulating or implementing a parenting plan unless the court determines that significant impediments to mediation exist.
Supervised visitation allows a neutral third party to monitor interactions and ensure the child’s safety. This arrangement can be a temporary measure while the child rebuilds a relationship with the targeted parent or a long-term solution depending on the severity of the alienation.
When PA is suspected or alleged in a custody case, it can have significant implications for the outcome. Above all, the child should have the opportunity to build and maintain a healthy bond with the targeted parent during and after divorce without undue negative influence.
Building a Stronger Future
Maintaining detailed records of incidents and behaviors that indicate PA is essential for parents facing this distressing situation. This can include communication logs, witness statements, and professional evaluations.
It’s critical for the affected parent to continue fostering a positive relationship with their child. This effort includes maintaining consistent and positive communication, making the most of parenting time, and creating a supportive environment. Encouraging a loving and secure atmosphere can help counteract the negative effects of alienation.
Partnering with an experienced family law expert is vital for those going through a contested divorce or heated custody battle. A knowledgeable and compassionate attorney can help advocate for your rights and the well-being of your child. Don’t go through this alone — contact us today and let our team assist you in dealing with these challenging issues.
