Navigating a divorce is emotionally challenging, even in seemingly straightforward cases. The complexity intensifies when children are involved, leading discussions about custody and parenting time to become explosive and legally intricate disputes. Regardless of the perceived simplicity of your case, it is crucial to take every necessary step to safeguard your parental rights during a divorce.
The Geauga County Case
In a recent Cleveland, Ohio Case, one family experienced the harsh realities of the legal system. In child custody disputes, judges wield significant authority. In Geauga County, two boys found themselves taken to prison under the orders of Judge Timothy Grendell. This drastic measure was a consequence of the boys refusing to comply with a court order to spend time with their father. Notably, the father had no desire for custody of the children and was against the court’s order. The judge, acting on his own initiative, enforced parenting time on behalf of the father. Subsequently, Judge Grendell was relieved of his position due to misconduct.
Parental Alienation
This scenario is not unique. Nationwide, judges involved in child custody disputes are increasingly embracing the controversial theory of “parental alienation.” According to this theory, typically attributed to the mother, one parent has “brainwashed” their children into harboring resentment towards the other parent. Consequently, children may refuse to spend time with or be in the care of the disfavored parent. In some instances, accusations of abuse against the custodial parent are automatically considered as evidence of “parental alienation.” This misguided perspective leads judges to revoke custody from mothers and automatically grant it to fathers. In such cases, judges often distrust any testimony provided by the child regarding their own abuse, viewing it as a manipulation tactic orchestrated by the allegedly alienating parent.
Mental health professionals have strongly criticized the “parental alienation theory,” denouncing it as pseudo-science. Additionally, professional child welfare organizations have asserted that this theory fails to meet accepted standards within the field.
Protecting Your Rights
Protecting your rights in these cases is crucial. Shockingly, two-thirds of women accused of parental alienation have had their testimony dismissed based on perceived mental illness. It is essential to substantiate all allegations of abuse and mistreatment with evidence from a healthcare provider or another mandatory reporter. Maintain written communication with the other spouse and adhere to court orders until successfully contested by a competent attorney. If you face accusations of parental alienation from a judge, it is advisable to seek the expert testimony of a mental health professional for both you and your children.
Hire an Attorney
Engaging an attorney well-versed in family law is a crucial line of defense. If you are confronting a court order in Arizona, the team at Simon Law Group is here to assist you. Contact us today to schedule a free consultation!