Parental Alienation in NYC Divorce Cases: Legal Guidance for Protecting Your Custody.

Protecting Parent-Child Bonds in High-Conflict Custody Cases

Parental alienation occurs when one parent, either subtly or overtly, attempts to undermine or sever the relationship between a child and the other parent. In New York family courts, parental alienation is recognized as a serious issue that can have lasting psychological consequences for children.

At Cohen Stine Kapoor LLP, we represent clients on both sides of high-conflict custody disputes involving allegations of alienation. Whether you believe your relationship with your child is being harmed, or you're being wrongfully accused of alienating behavior, our attorneys can help you understand your rights and navigate the complex legal and emotional terrain.

What Is Parental Alienation?

Parental alienation involves a consistent pattern of behaviors by one parent intended to turn a child against the other parent. These behaviors can include:

  • Speaking negatively about the other parent in the child’s presence

  • Interfering with visitation or communication

  • Encouraging the child to reject or distrust the other parent

  • Falsely alleging abuse or neglect

  • Undermining the other parent’s authority

  • Rewriting the family narrative to exclude the other parent

In extreme cases, children may develop an irrational fear, hostility, or resistance to seeing the targeted parent—often without any justification rooted in the parent’s actual behavior.

How New York Courts Handle Parental Alienation

New York family courts do not take allegations of parental alienation lightly. When properly documented and substantiated, alienation can serve as a basis for modifying custody or visitation orders. However, proving alienation requires more than one parent's subjective belief—it demands a strategic, evidence-based approach.

Courts may respond to findings of alienation by:

  • Reducing the alienating parent’s custodial time

  •  Directing therapeutic visitation or reunification counseling

  • Ordering parenting education or mental health evaluations

  • Shifting primary custody to the targeted parent if it is in the child's best interests

Because alienation often occurs in the context of contentious custody battles, courts are careful to distinguish true alienation from situations where a child resists contact due to a history of abuse, neglect, or genuine conflict. False or exaggerated claims of alienation can backfire and damage a parent’s credibility.

What to Do if You Suspect Parental Alienation

If you believe your co-parent is actively alienating your child, you should:

  • Document Everything – Keep records of missed visitation, communications, text messages, and any statements your child or co-parent makes

  • Maintain Consistency – Continue parenting responsibly, and offering emotional support, even if your child appears resistant

  • Avoid Retaliation – Do not mirror the alienating behavior or disparage the other parent, as this can undermine your case

  • Seek Legal Counsel – A skilled family law attorney can help evaluate the facts, retain experts (such as custody evaluators or child psychologists), and present a strong, fact-based case in court

Take Action Before the Damage Is Irreparable

Parental alienation can escalate over time, and delays can make reunification more difficult. If you’re concerned about alienation or facing accusations yourself, contact our firm to schedule a confidential consultation. We are here to help you preserve your parental rights and rebuild the connection with your child.