Legal Question in Family Law in California

Alienation of a parent

My ex husband has been trying to alienate me and my fiance from my son. How does the Court look upon this and what kind of proof does one need? Is there anything that can be done? My ex husband has not only threatened me but has also threatened my fiance. My ex is a marine who has just come back from a 7 month deployment and since his return he is extremely hostile towards us both. Unfortunately my son is suffering tremendously. Once a month my son is coming back home and is completely not himself and once he is back home for a day actually tells me he is sorry for acting weird and he is glad to be back home. What do I do to help my son? He is very young and was already diagnosed with traumatic stress disorder 3 years ago. My ex just keeps adding to our son's stress levels.

Does the Court care? During our custody hearings the Court acted as if no marine could do wrong and anything my attorney stated about my ex was complete non-sense. I feel like the system gives both parents custody nowadays regardless of stability or mental/physcial well being of the child. Help!


Asked on 4/27/09, 2:57 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Alienation of a parent

First I would get your son into counseling. Hopefully, he will open up to the counselor and the counselor can give you insight into what is going on with your son. If the father does not agree you can file a motionn with thte court to allow the child to go into counseling. When you file a motion to modify the child custody or to set guidelines for the child sharing the family court mediator can talk to the counselor to get background. The counselor is often the best advocate for the child. You are right that the court is biased toward and equal custody arrangement, although it is not required by the law. You may wish to talk to another attorney. Good Luck, Pat McCrary

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Answered on 4/27/09, 6:01 pm


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