New York Family Law Blog
Parental alienation and custody modification are complex issues that can arise in divorce and custody battles. It can be difficult to prove parental alienation, but it can have serious consequences for both the child and the alienated parent. Custody modification is also a delicate matter that requires significant changes in circumstances and the child’s welfare. The DeMarco case provides guidance for courts in addressing parental alienation and modifying custody and highlights the importance of taking steps to protect the child’s best interests.
Factual Background
In DeMarco v. DeMarco, the parties divorced in 2007 and agreed to joint legal custody of their two children, with the mother having primary physical custody. The father had visitation rights every other weekend and on holidays. In 2010, the father filed a petition to modify custody, alleging that the mother was engaging in a campaign of parental alienation against him. He claimed that the mother was withholding visitation and bad-mouthing him to the children. The father also alleged that the mother had a substance abuse problem and was neglecting the children.
The court appointed a forensic evaluator who found that the mother was engaging in parental alienation and recommended that the father be awarded primary physical custody. The evaluator also found that the mother had a substance abuse problem and recommended that she undergo a substance abuse evaluation. The court held a hearing and awarded the father primary physical custody, with the mother having visitation every other weekend and on holidays. The court also ordered the mother to undergo a substance abuse evaluation and comply with any recommended treatment.
Discussion
The DeMarco case is an example of how courts in New York handle parental alienation and custody modification. Parental alienation is a situation in which one parent intentionally or unintentionally tries to damage the relationship between the child and the other parent. It can have long-lasting effects on the child’s emotional and psychological well-being, as well as the alienated parent’s relationship with the child. In DeMarco, the court recognized that parental alienation can be harmful and that it must take steps to prevent it.
To modify custody in New York, a parent must demonstrate a significant change in circumstances that affects the child’s best interests. The court will consider various factors, including the child’s needs and preferences, the parents’ ability to provide for the child, and any history of abuse or neglect. In DeMarco, the father successfully demonstrated a significant change in circumstances by proving that the mother was engaging in parental alienation and had a substance abuse problem.
The court’s decision in DeMarco also highlights the importance of obtaining a forensic evaluation in cases involving parental alienation and custody modification. A forensic evaluation is a comprehensive evaluation of the child, the parents, and the family dynamic conducted by a mental health professional. It can provide the court with valuable information about the child’s needs and preferences, the parents’ ability to provide for the child, and any potential issues that may affect the child’s welfare.
Conclusion
DeMarco serves as a reminder of the importance of protecting the child’s best interests in custody battles and addressing parental alienation. If you are involved in a custody battle or divorce and suspect that your co-parent is engaging in parental alienation or want to modify custody, it is crucial to seek the advice of an experienced New York family law lawyer who can help you navigate the complex legal process and protect your rights and the best interests of your child.
DeMarco also highlights the importance of obtaining a forensic evaluation in cases involving parental alienation and custody modification. A forensic evaluation can provide valuable information to the court about the child’s needs and preferences, the parents’ ability to provide for the child, and any potential issues that may affect the child’s welfare.
Ultimately, the court’s decision in DeMarco serves as a reminder of the seriousness of parental alienation and the importance of taking action to protect the child’s well-being. If you are facing similar issues, do not hesitate to seek legal assistance from a knowledgeable family law lawyer who can help you navigate the legal process and advocate for the best interests of your child.