How do parent alienation claims affect custody?
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How do parent alienation claims affect custody?

The legal system has a reputation for siding with mothers more than fathers when it comes to child custody issues. While the law states that the court must approach a custody issue with all things equal between the parents, there is often hidden biases that cause judges to lean more towards giving mothers custody. 

Forbes explains, though, that there is a specific situation where a father may have the upper hand and be more likely to receive custody of their children. If you are the mother in the situation, it is something worth noting as it can have a profound effect on your case. 

Parental alienation

Parental alienation is when one parent tried to hinder the relationship between the children and the other parent. Many judges will consider this claim seriously because the goal of the court is for the children to have equal access to both parents. When a father makes this claim against a mother, it often results in mothers losing majority custody. 

Abuse situations

Research does show that fathers are more likely to use the parental alienation claim in situations where the mother has made a claim of domestic violence or abuse. It is concerning when used in this way because these fathers may use it as a weapon and not a legitimate concern. 

Even more alarming is that when fathers use this claim in these types of situations, they often do end up with majority custody. 

The concern

The concern in this situation is that it could prevent you from speaking out about abuse in fear of a parental alienation claim, especially when the research clearly shows it will put your custody rights at risk as a mother. The best approach is a defensive one where you plan ahead for such claims and ensure you have solid evidence of abuse beforehand. 


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