Parental alienation laws: Options to hold a parent accountable

There’s no question that parental alienation can have a significant impact on all parties involved, from the parents to the children to extended family members. If your child’s other parent is employing alienating tactics to drive a wedge between you and your child, know that you have rights and options to hold them accountable for their action.

In this article, we discuss whether and to what extent there are parental alienation laws throughout the country. We also examine the potential consequences of parental alienation and the various civil and criminal remedies that may be available to you to hold another parent accountable for parental alienation.

What is parental alienation?

Parental alienation is a term used to describe a situation in which one parent engages in behaviors that seek to turn their child against the other parent. Examples of tactics commonly associated with parental alienation include: 

Pro tip: A parent who engages in alienating tactics will often do so in the presence of the child while the other parent isn’t around. One of the best ways to discover the signs of parental alienation is through careful observation and monitoring of any changes in your child’s emotions and behavior after spending time with their other parent. 

Is parental alienation illegal?

No civil or criminal state statutes explicitly mention parental alienation. With no specific laws outlawing it, parental alienation isn’t illegal—at least not in those words. 

Parents who commit parental alienation may still violate the law where the alienating conduct falls under the umbrella of other illegal behaviors. For example, one parent’s alienating conduct may interfere with the other parent’s right to raise their child.

Is parental alienation a crime?

Parental alienation isn’t specifically a crime in any state. However, severe parental alienation may justify criminal charges such as child abuse. 

Can a parent lose custody for parental alienation?

Courts take parental alienation seriously, but custody loss typically doesn’t occur immediately. Judges typically start by ordering interventions aimed at repairing the parent-child relationship. These may include:

If alienating behavior continues despite these interventions, or if the child’s emotional health is clearly deteriorating, courts have the authority to impose stronger measures. These may include:

The more severe and well-documented the alienation, the more likely a judge is to modify custody in favor of the targeted parent.

State parental alienation laws

While no U.S. state has a statute formally titled “parental alienation law,” many states regulate the behavior associated with alienation through other laws. These commonly fall under:

Because statutory language varies widely, understanding your specific jurisdiction’s framework is essential. Some states treat emotional manipulation or interference with custody as abuse; others address alienation only through general “best interests of the child” standards.

Even without explicit alienation laws, courts routinely intervene when a parent’s conduct harms the parent-child relationship. Below are some examples:

Options to hold a parent accountable for parental alienation

Regardless of whether and to what extent your jurisdiction has any statutes specifically referencing parental alienation, several options may be available to hold a parent accountable. Below is a breakdown of some civil and criminal options.

Civil remedies

Civil remedies focus on protecting the child’s well-being and restoring the damaged parent-child relationship. They aim to prevent further alienation rather than punish the parent outright. Courts may order:

Criminal remedies

Criminal consequences apply when alienating behavior violates court orders or rises to the level of criminal conduct. These remedies are typically considered when civil measures are unsuccessful or when the actions are severe. Options may include:

Understanding your State's approach to parental alienation

Because courts handle parental alienation differently across the country, understanding your state’s legal landscape is critical. States generally fall into three categories:

1. States with child-focused custody statutes

These states explicitly consider parental interference or alienation when deciding custody. Courts may modify custody based solely on evidence of alienating behavior.

2. States using child abuse or endangerment standards

Here, alienation must rise to the level of emotional harm or abuse before significant legal consequences occur.

3. States applying broad “best interests” standards

These states give judges significant discretion to consider alienation as one factor among many, even without specific statutory language.

Why this matters:

The category your state falls into affects which legal arguments you make, what evidence is needed, how quickly courts intervene, and what remedies are realistic. An attorney familiar with your jurisdiction can position your case effectively.

How an attorney may help

Due to the lack of legislation surrounding parental alienation, defining and proving it may sometimes be challenging. However, having experienced legal counsel may be valuable as you move forward. 

An attorney can:

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