Parental alienation is a parent’s use of psychological manipulation to turn a child or children against the other parent. This toxic behavior is damaging and may cause long term problems for the child as well as the parents. Courts take evidence of parental alienation seriously and may consider it in making or modifying child custody arrangements.
In Montana, parental alienation is not explicitly defined by statute, but the courts recognize it as a serious issue that can impact the best interests of the child, which is the primary consideration in custody determinations. Montana law requires courts to make child custody decisions based on the best interests of the child, considering factors such as the wishes of the child's parents, the child's needs, the stability of each parent's home, the parents' mental and physical health, and the child's relationship with each parent. If one parent is found to be engaging in behavior that manipulates the child's feelings towards the other parent, thereby causing parental alienation, the court may view this negatively and it could influence custody and visitation arrangements. Evidence of parental alienation could lead to a modification of existing custody orders to protect the child's emotional well-being and to ensure that the child maintains a healthy relationship with both parents.