Parental Alienation

Family Law Attorneys Representing DuPage and Kane County Residents

If you fear that your child is being brainwashed by your spouse, it is important to seek the help of a qualified attorney. At the Law Offices of Nick Kulagin, our family law lawyers can protect the rights of people throughout DuPage County and Kane County. We understand that divorce and issues involving child custody can take a significant emotional toll. With 15 years of experience, our Wheaton attorneys are dedicated to protecting the interests of your children.

Take Legal Action against Parental Alienation Syndrome

Parental alienation syndrome (PAS) occurs when one parent brainwashes a child against the other parent. It can take place in a variety of ways. One obvious example is when one parent persistently speaks negatively about the other parent. A more subtle form is when a parent manipulates the child by blaming the other parent for the divorce or present situation. In severe parental alienation cases, one parent might falsely accuse the other parent of abuse or neglect. Parental alienation is usually present when the child has an unrealistically negative view of the other parent.

In Illinois, there is a presumption that ongoing contact with both parents is beneficial for the child. When a court is deciding a custody arrangement or considering a modification of an existing custody order, it will use the “best interest of the child” standard. This process requires the court to examine a number of factors, including the parents’ wishes, the child’s wishes, the child’s age, how well adjusted the child is to his or her current home and community, the medical needs of the child, the relationship of the child to each parent, and any pattern of violence or substance abuse by either parent. Essentially, courts are free to examine any factor that allows them to evaluate the full picture.

According to Section 602 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), one factor the court must also examine is the willingness and ability of each parent to facilitate a relationship between the child and the other parent. If alienation has occurred, it demonstrates that parent’s lack of willingness to facilitate the child’s relationship with the other parent. It is important to note that courts view parental alienation as a tactic that is detrimental to the child. Thus, a parent who is viewed as having alienated his or her child from the other parent generally will be viewed unfavorably by a court. In extreme cases, a court may transfer sole custody of the child to the other parent.

Discuss Your Child Custody Arrangement with a Lawyer in DuPage or Kane County

The experienced child custody attorneys at the Law Offices of Nick Kulagin can advise DuPage and Kane County residents on how to protect their relationship with their children. Parental alienation is not acceptable, and you have rights to assert if your former spouse is actively undermining your child’s relationship with you. We also represent people in communities such as Naperville, Hoffman Estates, Mount Prospect, and Oak Park. Call us at 630-480-6399 or contact us online to schedule a free consultation.

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