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 New Mexico, parental alienation is not explicitly defined by statute, but the courts recognize it as a serious issue that can impact the well-being of a child. When determining child custody arrangements, New Mexico courts are guided by the best interests of the child standard, as outlined in the New Mexico Statutes Annotated (NMSA) Section 40-4-9. This standard requires the court to consider various factors that affect the welfare and best interests of the child, including the mental and emotional needs of the child. If evidence of parental alienation is presented, the court may consider it as a factor that could influence the child's emotional development and the parent-child relationship. Consequently, allegations of parental alienation could lead to a modification of custody or visitation rights if the court finds that such behavior is detrimental to the child. It is important for parents to understand that the court's primary concern is the child's well-being, and any actions that negatively affect the child could have serious implications for custody arrangements.