Q: How can I prove parental alienation if what my 4 year old says is inadmissible in court. And what if my ex is lying?
A: There are several options to try to show that your wife is attempting to alienate your son. First to ask the Court to appoint an attorney represent your son and to have your son see a counselor. Another alternative would be to provide the Court with evidence of things your wife has done to alienate your son (i.e. what you or other witnesses have see or heard her do). As far as what your 4 year old son might have told you, while some of what he said might be excluded as hearsay, there are exceptions which may apply to allow in some of his statements (but remember even if you get in your son's statements, he is only 4 years old and what he said someone else said or did, may not carry much weight). Finally as to your wife lying, that may well occur and even if she is cross examined her lies may never be uncovered; however, you too will have the opportunity to testify and if your testimony is truthful and credible, you have to hope that the judge will believe you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.