- Title 31, Chapter 3109.04(F)(1) of Ohio Revised Code governs domestic relations proceedings when an Ohio court is charged with ruling on issues of custody during a divorce or separation proceeding. Domestic law judges typically review several factors in determining what custodial arrangement would be in the child's best interests. Factors determining "best interests" include an issue regarding custody of children.
- Divorcing parents, especially those involved in acrimonious divorce proceedings, may intentionally or even unintentionally make disparaging remarks to their children about the other parent. Psychologists have coined this syndrome "parental alienation." In some cases, due to those degrading remarks, a child may not even want to spend time with the other parent, thus alienating the child and parent.
- Telltale signs of parental alienation may include refusing to assist in the visitation rights of the other parent by intentionally preventing emotional and physical contact between the parent and child, blaming the other parent for separating the family, or asking the child to ultimately choose between the parents. Even well-intentioned parents may be unable to resolve their anger with their ex-spouse or they may suffer from an extreme personality disorder that distorts their perceptions. Regardless of the reasons for parents to alienate their spouse, Ohio courts do not treat parental alienation syndrome lightly. Judges who decide upon child custody matters may consider whether parental alienation exists, and if the judge finds there was a true showing of parental alienation, this may be used in deciding who should be given primary custody of the child. Ohio courts view parental alienation as damaging and hurtful to children and therefore contrary to the child's best interests.
- In the ruling of Davis v. Flickinger in 1997, the Ohio Supreme Court considered the potential public policy impacts of parental alienation syndrome. Parental alienation harms children, held the Court, when a child is not supported in developing a healthy and nurturing relationship with both parents.Preventing parental involvement is against the best interests of the child if the alienated parent desires involvement.
- In cases of parental alienation, the alienated parent may become a "reciprocal alienator." This occurs when alienated parents become retaliatory and alienate the other parent. In these cases, the child is unintentionally placed in the middle, perhaps even exponentially increasing the psychological damage to the child. Courts may not believe that the child's best interests are served by either parent, and these types of cases usually require costly expert testimony to provide their opinions as to which parent would better serve the best interests of the child. A licensed family law attorney in Ohio can provide competent legal advice concerning these issues.
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