In my opinion, parental alienation is the dark side of custody cases. Unfortunately, most mental health professionals shy away from testifying that parental alienation has occurred. Over my 13 years of custody experience, I have handled some cases where I believed parental alienation was OBVIOUS. Some of these cases involved great dads that I still talk with to this day. Unfortunately, for whatever reason, the mental health professional (i.e. the child's therapist/counselor) refused to testify/state that parental alienation was present. Therefore, the judge shied away from finding parental alienation. From my vantage point, if most lawyers " . . . do not talk about or glaze over [parental alienation] in child custody cases[,]" they likely do so because therapists rarely find parental alienation occurred. Consequently, the child's appointed GAL usually does not find parental alienation -- unless a therapist/counselor makes a finding regarding same. In turn, the assigned judge does not find parental alienation. In other words, a finding of parental alienation usually needs to come through the therapist/counselor --> which impacts the child's GAL --> which impacts the judge. In essence, it's a snow ball effect that needs to begin with the child's therapist/counselor to gain traction/momentum. But for whatever reason, from my experience, mental health professionals shy away from stating that parental alienation happened. As a result, the claim regarding parental alienation never gets rolling. As a father, I feel your frustration.
5:38 Two parents are always better than one parent, seriously? That's crazy. So your work schedule determines if you can be even be involved in your child's life?
NM law presumes that children are best served when raised by both parents. This is a "rebuttable" presumption. In other words, based on the facts, a judge can still grant one parent sole legal custody. Each child custody case is unique. A wide range of factors impact each case. As such, it's almost impossible to give a "copy and paste" answer without knowing the case's specific facts. Otherwise, I hope that you and your family are healthy and well!
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What about parental alienation from one of the parents? This is a serious issue most lawyers do not talk about or glaze over in child custody cases.
In my opinion, parental alienation is the dark side of custody cases. Unfortunately, most mental health professionals shy away from testifying that parental alienation has occurred. Over my 13 years of custody experience, I have handled some cases where I believed parental alienation was OBVIOUS. Some of these cases involved great dads that I still talk with to this day. Unfortunately, for whatever reason, the mental health professional (i.e. the child's therapist/counselor) refused to testify/state that parental alienation was present. Therefore, the judge shied away from finding parental alienation. From my vantage point, if most lawyers " . . . do not talk about or glaze over [parental alienation] in child custody cases[,]" they likely do so because therapists rarely find parental alienation occurred. Consequently, the child's appointed GAL usually does not find parental alienation -- unless a therapist/counselor makes a finding regarding same. In turn, the assigned judge does not find parental alienation. In other words, a finding of parental alienation usually needs to come through the therapist/counselor --> which impacts the child's GAL --> which impacts the judge. In essence, it's a snow ball effect that needs to begin with the child's therapist/counselor to gain traction/momentum. But for whatever reason, from my experience, mental health professionals shy away from stating that parental alienation happened. As a result, the claim regarding parental alienation never gets rolling. As a father, I feel your frustration.
5:38 Two parents are always better than one parent, seriously? That's crazy. So your work schedule determines if you can be even be involved in your child's life?
NM law presumes that children are best served when raised by both parents. This is a "rebuttable" presumption. In other words, based on the facts, a judge can still grant one parent sole legal custody. Each child custody case is unique. A wide range of factors impact each case. As such, it's almost impossible to give a "copy and paste" answer without knowing the case's specific facts. Otherwise, I hope that you and your family are healthy and well!