Potomac, MD asked in Family Law for Maryland

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?

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1 Lawyer Answer
Mr. J. Edgie Russell
Mr. J. Edgie Russell
  • Frederick, MD
  • Licensed in Maryland

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.

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