An Ohio Parental Alienation Attorney article about Parental Alienation in Ohio. Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist, one of approximately 100 such specialists in Ohio.
Parental Alienation is REAL, and it happens all the time. However, as of the writing of this article, it is not yet included in the DSM-IV (Diagnostic and Statistical Manual of Mental Disorder) and is not scheduled to be included in the DSM-V, which is schedule to be published in 2013.
Just because it is not, at this time, a psychiatric diagnosis, does not mean that courts do not recognize that the alienation exists. In Ohio, the law regarding the best interest of the child specifically addresses this problem.
Ohio Revised Code 3109.04(F)(1) provides that when determining what is in the best interest of the child, among other factors, the court must consider:
- (c) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
- (f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
- all relevant factors
Ohio Revised Code 3109.04(F)(2) provides that when determining whether shared parenting is in the best interest of the child, among other factors, the court must consider
- (b) The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
Ohio Revised Code 3109.051(D) provides that among other factors, when deciding whether to grant visitation a court must consider:
- (1) The prior interaction and interrelationships of the child with the child’s parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not a parent, sibling, or relative of the child; and
- (16) Any other factor in the best interest of the child.
At this point in time, while psychological diagnoses are not legitimately available to support allegations of parental alienation, Ohio courts and Ohio legislators know that it is real and it is relevant.
{ 3 comments… read them below or add one }
I would like to get some bona fide
information because my stepson is presenting
anti alienation legislation in the legislature
in the current session
he needs a couple of attorneys and judges
to testify who have had some experience with parental alienation
cases.
Could you tell me if you have any ideas,
I would be anxious to hear your input
Some one please help me. I am in Afghanistan and have not heard a word of my daughter since I have been gone.
What if you already have a long distance shared parenting order in place, but the residential parent continually refuses to let you have your visitation with the children. Can you go to court to change residential custody since it is in the best interest of the children to see both parents?