Parental alienation is a serious issue that can arise during or after a divorce, often resulting in long-term harm to both the child and the alienated parent. In Illinois, courts are increasingly recognizing parental alienation as a form of emotional abuse that must be addressed to ensure the best interests of the child. As experienced Naperville parental alienation lawyers, we have seen the devastating impact parental alienation can have on family dynamics, and it’s important to understand the legal ramifications.
Illinois family law prioritizes the well-being of children during divorce proceedings. The courts aim to protect the relationship between children and both parents whenever possible. Illinois courts view parental alienation as damaging behaviors that can strain or even sever the parent-child relationship. Parental alienation consists of “bad-mouthing” the other parent, manipulating the child’s emotions, or falsely accusing the other parent of harmful behavior. These harmful actions can influence the court’s decisions regarding custody and visitation.
Let’s now discuss the legal implications of parental alienation in Illinois, the potential consequences for the alienating parent, and how the courts address this behavior in relation to child custody and parenting time. We will also review some of the statutes that come into play when dealing with parental alienation cases in Illinois.
Parental alienation occurs when one parent intentionally undermines the relationship between the child and the other parent. These actions can take many forms, from subtle comments intended to create doubt or fear in the child’s mind to overt actions designed to prevent the child from maintaining a relationship with the other parent. Illinois law views parental alienation as harmful behavior that disrupts the child’s emotional and psychological well-being.
Under Illinois law, such behavior can be viewed as a violation of a parent’s right to maintain a relationship with their child. Courts are particularly concerned with ensuring that both parents have the opportunity to foster healthy relationships with their children, and alienating behavior that disrupts this balance may lead to legal consequences.
Illinois courts make child custody decisions based on the best interests of the child, following the guidelines set forth under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.7). Parental alienation is a factor the courts take seriously in determining custody and parenting time. When one parent engages in behavior that alienates the child from the other parent, it could lead to a modification of custody or parenting time agreements.
For instance, if a court finds that a parent is actively attempting to damage the relationship between the child and the other parent, it may result in reduced parenting time for the alienating parent. In severe cases, Illinois courts may even consider transferring primary custody to the alienated parent to restore balance in the child’s life.
The court’s primary focus is the child’s well-being, and any actions that negatively impact this relationship will be evaluated closely.
Illinois law has several sections that address the issue of parental alienation. For example, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides guidance on the allocation of parental responsibilities and parenting time. Illinois courts might modify parenting plans if they find that a parent is engaging in alienation. The courts view parental alienation as a failure to act in the best interest of the child.
Section 750 ILCS 5/602.7 outlines the factors courts consider when determining parenting time. These factors include each parent’s willingness to facilitate a positive relationship between the child and the other parent. Alienating behaviors directly contradict this expectation, and the court may intervene to protect the child’s relationship with both parents.
Additionally, under Section 750 ILCS 5/607, Illinois courts have the authority to modify visitation rights if they find that parental alienation is occurring. This statute empowers the court to take measures to preserve the parent-child relationship, including adjusting visitation schedules or enforcing supervised visitation if necessary.
If you believe your co-parent is engaging in parental alienation, it’s crucial to take action swiftly to protect your relationship with your child. Document any incidents that demonstrate alienating behavior, such as messages, emails, or recorded statements made by your co-parent that undermine your relationship with your child.
It may also be helpful to seek the assistance of a family therapist or counselor who can work with you and your child to strengthen your bond. Bringing the issue to court with the support of mental health professionals can help ensure the court takes appropriate action.
Parental alienation can manifest in various ways, including your child refusing to spend time with you without any valid reason, your co-parent making negative comments about you in front of the child, or your child being overly protective of the alienating parent. In some cases, the child may even express fear or dislike towards you despite a previously healthy relationship.
Should the court discover that one parent is engaging in parental alienation, it may modify the existing custody arrangement. This could involve reducing the alienating parent’s time with the child or, in extreme cases, transferring primary custody to the alienated parent. The court’s goal is to preserve the child’s relationship with both parents.
Yes. When a parent falsely accuses the other of parental alienation in an attempt to gain custody or reduce the other parent’s time, the court can view this behavior negatively and not in the best interest of the child. False accusations can harm the accusing parent’s credibility and potentially impact their own parenting time or custody arrangement.
If you suspect parental alienation, it is important that your document all instances of alienating behavior. Keep records of conversations, messages, or actions that demonstrate alienation. It is also advisable to seek help from a therapist who can support you and your child through the process.
At Keller Legal Services, we understand the emotional toll parental alienation can take on families. If you believe you are experiencing parental alienation, it is vital to protect your rights and your relationship with your child. Contact our Naperville parental alienation lawyers at Keller Legal Services today to schedule a consultation. Contact our Naperville parental alienation lawyer at Keller Legal Services by calling 630-505-1515 to receive your free consultation. Let us help you restore and protect your family’s future. We serve clients in Naperville and throughout Chicago, Illinois.