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New York Courts Address Parental Alienation

Both custodial and non-custodial parents often worry that they are being bad-mouthed by their exes when the kids are in the other parent's care. Sometimes they are right. Sometimes they are wrong.

When the question of parental alienation and its influence on custody matters becomes an issue for the courts, problems of proof may arise on both sides of the conflict. For example, in a case decided in December 2009 by the Appellate Division, Second Department, a mother's attempt to have her child's custody arrangement changed on the basis of parental alienation failed. In fact, although she had brought the original petition to have an agreed-upon custodial arrangement changed due to her children's father's alleged attempts to alienate them from her, the hearing court found that it was in fact she who was guilty of such actions. On appeal, the Second Department looked at the evidence she proffered ' or, in her case, the lack thereof ' and agreed with Westchester County Family Court that the award of physical custody to the father should not be disturbed. Adams v. Perryman, — N.Y.S.2d —-, 2009 WL 4680555 (2d Dept. 12/8/09).

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