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How do parental alienation issues affect child custody?

When it comes to child custody, many people believe that the courts favor the mother much of the time. However, there are circumstances where mothers may lose custody of their children, especially if the ex-spouse claims parental alienation is taking place. Forbes reports that almost half of mothers lose custody when these accusations arise, no matter what allegations the mother claims.

The question of parental alienation can have a serious impact on the outcome of child custody cases and understanding why may help you to better navigate your own case, especially if you plan to discuss alleged child abuse incidents against your ex-spouse.

Parental alienation as a weapon

Some parents claim that their ex-spouses, those who would otherwise co-parent with them, use claims of abuse to alienate them from their children. While some of these allegations may be true, the courts usually do not instantly award custody to the individual making those claims. In fact, one study showed that mothers are more likely to lose custody when compared to fathers who make alienation claims, including:

  • Sexual abuse of the children
  • Domestic abuse of the spouse and/or children
  • Emotional or mental abuse

If you plan to make these claims in your own child custody case, it is important to remember that your spouse can cross-claim alienation, which can make for a strong argument in most courts.

Legal outcomes

While every child custody case is different, the courts usually act in the best interests of the children in question. As such, claims of alienation by your ex-spouse may put you in a difficult situation, especially if you introduce abuse claims.

Claims of alienation are changing the face of child custody cases. If the question of abuse arises in court, having proof that backs up these allegations may provide a stronger foundation for your case.

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