Georgia’s custody statute does not use the phrase “parental alienation,” but a parent who works to cut a child off from the other parent can lose custody because of it.
What the Statute Says
Among the factors a judge may weigh, OCGA 19-9-3(a)(3)(N) lists “[t]he willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child.” The same Code section declares a state policy “to encourage that a child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child.” OCGA 19-9-3(d).
Examples
For example, in Wilson v. Wilson, 338 Ga. App. 891 (2016), the guardian ad litem overheard a mother tell her daughter in a recorded phone call, “Your father is trying to take you away from me.” There was also evidence she interfered with the father’s telephone visitation and would not cooperate with his visits. The trial court found that the mother “had demonstrated a pattern of parental alienation against the father” and moved primary physical custody to him. Even though a forensic psychiatrist had recommended that the child stay with her mother, the Court of Appeals affirmed under factor (N).
Similarly, in Viskup v. Viskup, 291 Ga. 103 (2012), a father had been held in contempt of the visitation order and had sent misleading letters to immigration officials and to a child welfare agency to undermine the mother. Finding it “more likely [that Mother] will provide visitation and abide by the Court’s Orders,” the trial court moved custody to her, and the Georgia Supreme Court affirmed.
Both cases changed an existing order, which carries requirements of its own. In both, the court pointed to specific conduct, such as remarks to the child or interference with the other parent’s time.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!