Rizzo, a licensed clinical psychologist, testified that his practice includes supporting people with family problems, divorce issues and reuniting children after a divorce. Rizzo testified that he was tasked with doing an assessment and trying to support David`s relationship with the minor children. Rizzo testified that Brenda and David`s divorce was a very contentious divorce and that Davis was an anxious and angry child and very open to not wanting to see David. Rizzo testified that Brenda was very hurt and bitter towards David and that Brenda did not follow the parenting plan. In addition, Rizzo noted that Davis` anger at David intensified in July 2007 and that because there was no actual contact with David responsible for the increase, the increased anger must have been due to another source. Rizzo also testified that the parental alienation occurred in relation to Brenda`s alienation of minor children against David. Rizzo also testified that during one of Davis` last meetings with him, Davis confronted him with one of the letters Rizzo had sent to Davis` parents. Davis told Rizzo that Brenda gave the letter to Davis and that he had read it. If you need more information about the legal implications of parental alienation, you should hire the lawyers at Vacanti Shattuck Attorneys.
Contact us today if you live in Omaha, Northeast, and you suspect your ex-spouse is using alienation tactics to separate you from your children. Parental alienation is intended to make it as difficult as possible for the separated parent to return to the lives of their children. Contact us if you believe your former spouse or parent`s parent has committed a parental separation Each parent has the right to have a relationship with their child in Nebraska, and a court will consider all relevant factors in determining that child`s best interests, including whether parental alienation occurs. Parental estrangement can be a cause of parental custody disputes in Nebraska. Parental alienation is a form of child abuse that occurs when one parent manipulates, isolates or alienates their children from the other parent. There are two types of parental alienation: intentional and unintentional. Unintentional parental alienation occurs when one parent does not intend to alienate their child from the other. However, they do so unintentionally because of their own acts or omissions. Suppose the court finds that a parent used parental alienation tactics on their children. In this case, this parent may be subject to the following conditions: It has been proven that children need to have healthy relationships with both parents in order to live a happy life. If one parent tries to replace the other parent, it`s not good for the kids. Since the court is most concerned about the welfare of children, it will pay close attention to all evidence that parental alienation is taking place.
The legal consequences of parental alienation can be serious both for the child who is denied a relationship with one of the parents and for the parent at fault if the court finds that the parent has committed an alienation. Intentional parental alienation is much more serious than unintentional parental alienation. It involves parents knowingly taking steps to prevent contact between their children and the non-custodial parent. The Parents Act defines “custody” as “the mutual authority and responsibility of parents for common fundamental decisions concerning the welfare of the child, including decisions relating to education and health”. Neb.Rev.Stat. § 43–2922(11) (. Supp.2014). We recognize that courts generally do not grant joint custody if the parties are unable to communicate effectively.
See Kamal v. Imroz, 277 Neb. 116, 759 N.W.2d 914 (2009) (joint decision-making by parents that is not in the best interests of the child when they are unable to communicate face-to-face and there is mistrust); Klimek v. Klimek, Neb.App 18. 82, 775 N.W.2d 444 (2009) (no abuse of authority by the District Court not granting joint custody if the minor child was confused by a temporary joint legal and physical custody agreement and the parents had difficulty communicating with each other). However, the decision of a court of first instance to grant joint custody may be made without the consent or consent of the parents, as long as it is in the best interests of the child. § 42–364(3) (. Supp.2014) states: If there is an order, a party may file an application to vary these conditions if a substantial change in circumstances has occurred, such as parental alienation. Child psychologist Dr. Richard Gardner coined the term “parental alienation” in 1985, noting that it was “the most common form of family violence today.” In addition, Dr. Gardner found that parental alienation is associated with an increased risk of depression and anxiety disorders in young adults who experienced it as children. Not so long ago, fathers could not fully participate in their children`s lives during and after divorce due to their limited custody and visitation rights.
Depending on the age of the children, fathers were often little more than a footnote in a custody equation. Fortunately, the laws are now more balanced and the important role a father plays in a child`s life is finally being recognized by the family courts. Parental alienation usually occurs through emotional manipulation. Other tactics include: Similarly, in the case before us, we respect the District Court`s attempt to find a viable solution to best protect Maddox`s interests. Due to the power struggle between the parties, the District Court was not prepared to give preference to one parent over the other when granting parental responsibility or parental leave. While mutual decision-making is always encouraged, the court`s specific separation between parties over who has the final say on broader parenting decisions divides parental “control” and hopefully reduces conflict between the parties. While such an appropriate joint custody decision is unprecedented, we cannot say that the District Court abused its discretion in light of the facts of this case. Custody of a minor child may be awarded to both parents on the basis of joint custody or joint custody (a) if both parents agree to such an agreement in the parenting plan and the court considers that such an agreement is in the best interests of the child, or (b) if the court expressly states: After a public hearing, joint custody or joint custody or in the best interests of the minor child, regardless of parental consent or consent.
Suppose you believe your child is experiencing parental alienation. In this case, it is important to seek the help of an experienced parenting lawyer. At Vacanti Shattuck, we can provide you with sound advice on how to proceed. Unfortunately, while the law may be neutral when it comes to detention, it will take longer for social norms and individual attitudes to change. Vacanti Shattuck`s attorneys have years of experience advocating for fathers in Nebraska. We are recognized by our colleagues and consulted on legal issues of parental rights. Contact us to speak to a lawyer. By alienating fathers, mothers inadvertently influence the psychology of children. Often, children exposed to parental alienation have relationship problems with men for the rest of their lives. Each divorce case is unique and different problems will arise.
However, parental alienation is a real problem that the courts are beginning to pay attention to. Parental alienation can be the result of an unfortunate approach by a mother or father to protect children. This often happens when mothers, who were initially given primary custody, try to keep children away from their fathers. Because children want to please the parent they are with, they are inclined to believe the mother`s reasoning when she is: Almost 1 year after the divorce, on August 9, 2006, David filed an application for enforcement of the visitation permit under Neb. Rev. § 42-364.15 (2004 edition) alleging that Brenda participated in parental alienation and affected her relationship with the minor children of the parties in the following ways: among other things: repeated derogatory, degrading and derogatory statements about David; making false allegations and filing reports with government authorities regarding allegations of ill-treatment of the parties` children; sending correspondence to David with stamps that read “Stop Domestic Violence” in a manner designed to harass and/or provoke him; refusing to make minor children available for visits; and walking away from Brenda`s apartment and refusing to give David a phone number or address where he can contact the children.