United States Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations: What do the Data Show?

15 Pages Posted: 5 Sep 2019 Last revised: 20 May 2024

See all articles by Joan S. Meier

Joan S. Meier

George Washington University - Law School

Sean Dickson

George Washington University - Law School

Chris O'Sullivan

affiliation not provided to SSRN

Leora Rosen

Independent

Jeffrey Hayes

affiliation not provided to SSRN

Date Written: January 01, 2020

Abstract

ABSTRACT Family court and abuse professionals have long been polarized over the use of parental alienation claims to discredit a mother alleging that the father has been abusive or is unsafe for the children. This paper reports the findings from an empirical study of ten years of U.S. cases involving abuse and alienation claims. The findings confirm that mothers’ claims of abuse, especially child physical or sexual abuse, are associated with a risk of losing custody, and that fathers’ cross-claims of alienation virtually double that risk. Alienation’s impact is gender-specific; fathers alleging mothers are abusive are not similarly undermined when mothers cross-claim alienation. In non-abuse cases, however, the data suggest that alienation has a more gender-neutral impact. These nuanced findings may help abuse and alienation professionals find some common ground.

Keywords: child custody, abuse, alienation

Suggested Citation

Meier, Joan S. and Dickson, Sean and O'Sullivan, Chris and Rosen, Leora and Hayes, Jeffrey, United States Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations: What do the Data Show? (January 01, 2020). GWU Law School Public Law Research Paper No. 2019-56, GWU Legal Studies Research Paper No. 2019-56, Available at SSRN: https://ssrn.com/abstract=3448062 or http://dx.doi.org/10.2139/ssrn.3448062

Joan S. Meier (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Sean Dickson

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Chris O'Sullivan

affiliation not provided to SSRN

Leora Rosen

Independent ( email )

Jeffrey Hayes

affiliation not provided to SSRN

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