In the heat of a divorce, some parents unfortunately use their children as weapons instead of prioritizing their child’s best interests. Under these circumstances, it is typically up to courts to make decisions about parenting time and responsibilities that make the distinction between parental alienation and genuine concerns for a child’s wellbeing.
What is parental alienation?
Parental alienation describes a situation where one parent influences a child to turn against the other parent without a legitimate reason. This behavior can cause long-term emotional trauma, leaving children feeling confused and anxious. It damages the child’s sense of security and can destroy their bond with a loving parent.
Courts may consider evidence that a parent is interfering with or undermining the child’s relationship with the other parent.
The struggle to define a child’s resistance
If a child refuses to visit a parent, the court must decide if that child is being manipulated or if the child is reacting to genuine fears or trauma. Under Colorado law, courts must prioritize a child’s physical and emotional safety, especially when domestic violence or abuse is alleged or found. Further, the law restricts certain reunification practices and increases scrutiny of orders that would separate a child from a safe, trusted caregiver.
Proving your case
Sometimes, what looks like parental alienation is actually a parent acting on a well-founded fear of abuse or neglect. If you have documentation of past incidents, the court considers the evidence to determine whether restrictions were necessary for safety or whether a parent unreasonably interfered with parenting time. Evidence they consider may include:
- Documented history of domestic violence or substance abuse
- Police reports or medical records detailing specific incidents
- Substance-related records (e.g., treatment records if available, DUI records, probation terms)
- Input from neutral professionals regarding the child’s emotional state
These pieces of evidence help distinguish whether a parent is being protective or using a child to try and “win” against the other parent.
Focusing on a healthy resolution
The goal of any Colorado custody case should be a healthy environment where your child can thrive. By focusing on the facts of your child’s experience, you help the court make a decision that truly supports your child’s future. A balanced approach that puts the child’s safety and emotional needs at the center is crucial for fair outcome.