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The alienating parent too can suffer consequencesthey might lose custody of their child. Once parental alienation occurs, it's extremely challenging to reverse.
In New Jersey, a child cannot absolutely decide with which parent to live, until s/he turns 18, which is the age of majority. Before that age, the older the child, the more likely a Judge will pay attention to the child's stated preferences for parental living arrangements.
New Jersey law defines an unfit parent as someone who: Is grossly immoral or unfit to be entrusted with the care and education of a child. Fails to provide a child with proper protection, maintenance or education. Has vicious, careless, or dissolute habits that endanger a child's welfare.
Under N.J.S.A. -2, children may not be removed out of New Jersey without the consent of both parents, unless the court, upon cause shown, shall otherwise order. This means that you must either have the other parent's permission to relocate from NJ with the child or from the court.
Unfortunately, it can be difficult to prove allegations of parental alienation. A parent should focus on maintaining a close, loving relationship with their child so their child trusts them. At the same time, the parent can take steps to prove parental alienation.
Make a record of conversations (making secret audio recordings is controversial and they are unlikely to be allowed as evidence, so make a record in writing) or incidents with your ex. As soon as you suspect parental alienation, always start to keep records of what's happening both the good and the bad.
As a rule of thumb, most courts will consider a child of the age of 14 or older qualified to speak in such a manner.
How to Prove Parental Alienation?Keep logs of all attempts to contact your child, including dates, times, and why your ex said your child was not available.Make a list of all attempts to visit with your child or attend your child's events, including specific ways your child's other parent thwarted your attempts.More items...?
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child's wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.