How Does Parental Alienation Affect a Divorce Case?
Disagreements and anger about the end of a marriage can cause a spouse to lash out at their former partner in whatever ways they can. In some cases, that conflict can also harm a child's relationship with one parent.
Parental alienation can affect an Illinois divorce when one parent tries to turn a child against the other parent, and it comes up when the court decides parenting issues. If you are facing parental alienation during a divorce in 2026, a Lombard, IL family law attorney can help you address the problem.
What Does Parental Alienation Look Like in an Illinois Divorce?
Parental alienation is a term created in the 1980s by the child psychiatrist Dr. Richard Gardner. Gardner used this term to describe what happens when a parent tries to make their children dislike the other parent or harm their relationship. Examples can include:
- Making negative comments about the other parent to the child
- Blaming the other parent for the divorce
- Making false claims about the other parent
- Interfering with the other parent's scheduled parenting time
A strained parent-child relationship does not always mean alienation is taking place. Children can have their own reasons for being upset with a parent, which the court will often take into consideration.
How Can Parental Alienation Affect Parenting Decisions in Illinois?
Parental alienation can affect how a judge divides parenting time and decision-making responsibilities. The court looks at each parent's behavior when deciding what arrangement is in the child's best interests.
According to 750 ILCS 5/602.7, which is the statute governing parenting time decisions, judges consider whether each parent encourages a close and continuing relationship between the child and the other parent. A parent who tries to interfere with that relationship can hurt their position when the court sets a parenting time schedule. Illinois law uses a similar factor when the court assigns responsibility for major decisions about the child.
What if a Parent Interferes With Court-Ordered Parenting Time in Illinois?
A parent who blocks or repeatedly disrupts court-ordered parenting time will face legal consequences. Under 750 ILCS 5/607.5, a parent can ask the court to enforce a parenting-time order. The petition must explain how the order was violated and provide dates and other details about what happened. Illinois courts use an expedited process for these cases.
If the court finds that the parenting-time order was violated, it can order make-up parenting time or impose a fine. The court can also require the parent who violated the order to cover expenses caused by the violation. More serious cases can result in a finding of contempt.
Interference can also affect future parenting decisions, and the court will factor it in when deciding whether restrictions on parenting time are appropriate. When the court considers persistent interference, it does not count actions taken with a reasonable, good-faith belief that they were needed to protect the child, as long as the parent asks the court to address the issue as soon as practical.
How Can You Show Parental Alienation in an Illinois Divorce?
Claims of parental alienation are stronger when they focus on specific behavior. Records can help show the court what has been happening over time. Useful evidence may include:
- Texts or emails that show attempts to keep you from communicating with your child
- Proof that parenting time was denied or cut short
- Messages showing the other parent making false claims about you to the child
- School or other records that help document changes in the child's behavior or your involvement in the child's life
A judge can also seek professional advice or order an evaluation to help decide issues involving parental responsibilities. The professional can review the family's situation and provide information to the court.
What Should You Do if You Suspect Parental Alienation in Illinois?
If you suspect your co-parent is trying to alienate you from your child, avoid responding by speaking badly about the other parent to your child. Bringing the child further into the conflict can make the situation harder.
Instead, continue working on your relationship with your child and keep records of concerning behavior. If the other parent interferes with your parenting time, write down when it happened and save related messages.
All records should be brought to your attorney. Your attorney can then determine whether the conduct should be raised with the court and what legal steps are available.
Contact Our Lombard, IL Divorce Lawyers
Parental alienation can make divorce harder for a parent who is trying to protect their relationship with their child. If the other parent's conduct begins to affect parenting time, you do not have to ignore the problem.
With over 175 years of combined experience, the attorneys at Mevorah & Giglio Law Offices can help you navigate the parenting conflicts in your divorce. We strongly believe in personalized service and regular communication with clients. For a free consultation, contact our DuPage County, IL divorce attorneys or call 630-932-9100.
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