This case involves a “best interests” hearing that stems from a motion of the father to modify the custody arrangement giving him sole legal and physical custody of his children. It had been previously established that the mother had alienated the children from their father, and as a result, the children do not wish to have a relationship with their father.
Parent alienation occurs when one parent purposefully manipulates the child into having negative feelings toward the other parent. As a result, the child develops sad, confused, and angry feelings toward the other parent, and does not want to spend time with that parent. In Matter of Eddie S. v. Sylvia S., the father argued that the mother manipulated the children to have negative feelings toward the father. Her motivation in doing this was to satisfy her mother—the maternal grandmother of the children, on whom the mother was financially dependent. Parental alienation is frowned upon by the court. When parental alienation is proven, the Family Court often takes steps to rectify the situation by making a change in the custody arrangement. However, because parental alienation is complex, a change in custody that allows the alienated parent to spend more time with the child is not always possible and is not always in the best interests of the child.
In this case the court found that it would not be in the best interests of the children to award the father sole legal and physical custody of the children even though parent alienation was found. The court listed multiple reasons for its conclusion. First, it noted that while the mother had taken actions to alienate the children from the father, the father failed to take affirmative steps early on that would have likely neutralized the mothers efforts to alienate the children. For example, even though he had joint custody, he made little effort to enforce his parenting rights and be a part of their lives. In fact, he was unaware that the children were being homeschooled. Even when the mother took actions to interfere with visitation, the father refused to seek a contempt action against her or do anything else to asset his rights as he did not want to get her in trouble.