We have handled more than one thousand child custody cases since our inception. Some were routine, but some were out of this world with drama, tension, and high stakes. Of all these cases, the saddest and most difficult to prosecute or defend against have been cases involving allegations of parental alienation.
Parental alienation allegations can result in severe and long-lasting consequences for the accused parent and the children. It can cause a change of custody, a deprivation of contact between child and parent, or the child’s placement with an incompetent parent, relatives, or even foster care. The monetary cost is high, too, considering attorney’s fees, sanctions, or even jail time. When the allegation is made, it can send chills up your spine and serious consequences in court. But does parental alienation even exist, and if so, is there sufficient scientific support to support this in court?
Parental Alienation in Georgia Law
In the State of Georgia, the rule on scientific theories testified by an expert witness is based on the Daubert case. Daubert created a gatekeeper rule to define what is and is not sufficient science to be used in a courtroom. You want to keep expert testimony out when a false allegation of parental alienation is made you need an attorney who knows how to argue the Daubert legal standard.
But the tools your attorney needs to defend against a false allegation of parental alienation are not limited to fighting expert witnesses and on the scientific evidence of parental alienation. This is because (as happened in a recent case we handled in Cobb County) sometimes there is a justifiable reason for a child to resist or reject the other parent. What happens when a parent is falsely accused of parental alienation when all the parent is doing is trying to protect the children from a real abuser? This is not uncommon in parental alienation cases, but you cannot stand on emotion or hyperbole in such cases. You have to prove your reasons, and this can be challenging. It is why you want an attorney with experience defending child custody cases involving parental alienation allegations, particularly false ones. These are not matters to take lightly, and you don’t want to walk into a courtroom without seasoned counsel by your side. Note as well, you also must listen to your attorney and not rage against the other parent in text messages, emails, phone calls etc. What you say can and will be used against you. If your children are in danger of abuse, and you are accused of parental alienation when all you are doing is legitimately trying to protect you children, contact an attorney ASAP.
Call Us to Learn More
We are Georgia divorce and child custody attorneys. This is all we have done since 1995. We can help. If you need help or have any questions, we would be happy to speak with you via email, text, or phone. Check us out at www.shawlaw.com
Shaw Law Firm, P.C.
(770) 594-8309 (phone)
(678) 522-4799 (text)