In the Best Interests of Children - How American Family Courts Have Assessed the Role of Parental Alienation in Child Custody Cases
Ashish S. Joshi
Ashish S. Joshi.
Family Courts in the United States are intimately familiar with parental alienation. While the debate continues to rage over the "theory" of parental alienation, there is an overwhelming consensus over the "phenomenon" of alienation. American family judges have accepted, acknowledged, and endorsed the phenomenon of parental alienation. Courts have also acknowledged the harm that it causes to children and their relationship with the rejected / targeted parent. Recognizing that the child is a part of the family as a system, the courts have attempted to understand and address parental alienation through the lens of "best interest factors." The Best Interest Factors govern every child custody dispute, and it is through this lens that the court must decide whether parental alienation exists in a case, if so, how severe it is, and what's the best way to address it. This presentation will offer an overview of the United States's family courts' decisions on parental alienation in the past two decades and will offer tools and tips to mental health and legal professionals who struggle to address and remediate parental alienation in forensic and clinical settings.
Ashish S. Joshi
JOSHI: Attorneys + Counselors
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