Legal Question in Family Law in California
My ex-wife (separated/divorced 12 years) and daughter (12 years old) live in Los Angeles, CA. I live in KY. I have worked hard to build a good relationship with my daughter, but my efforts have met little success as the mother has systematically alienated my daughter against me. The past 10 years, I (and my wife) have traveled to CA to visit my daughter (three to four times a year). My daughter refuses to travel to KY to visit her family here. The alienation is quite severe (e.g., my daughter has no interest in seeing or talking to me). I believe the alienation is irreparable. Can I file a petition claiming irreparable parental alienation and release of my support obligations?
2 Answers from Attorneys
The better choice is to file a motion to return to court and address the parental alienation. The time and energy of targeting the alienation problem and getting the counseling and court assistance to correct this damage to your parenting relationship with your daughter will be well worth the investment. Your daughter is suffering from this damage as you are.
This answer cannot replace the advice received in an office consultation with an attorney skilled in California Family law.
California law specifically prohibits mingling support and parenting/custody issues. As Ms. Kock suggests, you would be far better off and your daughter would be immeasureably better off, by addressing the core issue of intentional alienation with the court than trying to end your support obligations. If the situation is as bad as you say, the court may even order custody transferred to you and your new wife.
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