Broomfield, CO asked in Family Law for Colorado

Q: Parental Alienation. Does any court in Colorado really take this seriously?

I have had my custody case in Adams Count for 3+ years. I have proven parental alienation, but the judge ordered individual therapy with the kids for 6 months and to report back, and during that time, I was ordered no contact, but the kids could contact me. Does this make sense, keeping them with the parent that alienates the kids? Now the alienation and hate are worse than before, and the therapist report now shows more accusations and their stories are bigger than ever. I am waiting for the judge to make a parenting time order here in the next couple of weeks, and I feel that since I have had no real relationship with my kids, I don't expect any change. I have been erased and my entire side of the family has been wiped out. Do the courts really take the seriousness of Parental Alienation? And, is there anything I can file with the court to show additional evidence?

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Parenteral alienation is considered by courts, but the moving party (you) must prove the alienation as part of a motion for enforcement, modification, etc. This is why the judge ordered therapy--to gain an independent review. Parents generally have a right to contact their children unless health/safety concerns of the children are raised (which seems to have been flagged by the therapist).

Since you are asking this question on Justia I assume that you have not hired an attorney. You need to hire an attorney to review the case and advise on how you should proceed. Justia's Q&A cannot provide the type of assistance that you are asking for, but an attorney who represents you can help you.

1 user found this answer helpful

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: A lot more information is needed for an attorney to properly assess your situation. Each judge and each case is going to be different. Additionally, various factors can come to play, such as the kids' ages, how bad the alienation is, how long it's been going on, their specific mindsets right now. The focus should be how to rectify things. The most drastic, and maybe best, remedy would be the court removing the kids from the other parent and putting them with you. You need to consult with an attorney as soon as possible to thoroughly go through your situation and options. A court must find that there has been alienation and then make decisions from there. There should be a CFI or PRE involved to also investigate and report. Either could also present more specifics to the court in terms of how to deal with the alienation.

1 user found this answer helpful

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