Q: What law does child alienation fall under? What is the criteria that has to be met to sue for child alienation?
My husband and I are going through a divorce. I haven’t spent time with our children in 130 days. He has primary residency, not full custody. We do not have a time sharing plan or a parenting plan established. He has restricted health visits so I do not show up to see our daughters. He has taken my younger daughters phone away so I cannot reach her. I ask to see the children daily and most days he doesn’t respond.
A: I believe you may want to start by filing a Motion for Temporary Timesharing, Child Support, Maintain the Status Quo and Other Related Relief. You can file a claim of Parental Alienation, but you may wish to do so within the Petition for Dissolution of Marriage. You may have to file a Motion to Amend the Petition for Dissolution of Marriage to include the additional claim. I wish you good luck!
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