During a divorce or the breakup of unmarried parents, parties and courts often favor joint custody arrangements. These parenting plans usually offer the best chance for young people to maintain strong bonds with each parent. Unfortunately, things can change in the months and years after a custody order is entered. As a result, a mother or father might ask the court for sole custody.
Oscar-winning actress Halle Berry has recently filed a request for full legal custody of her 10-year-old son, Maceo, alleging that her ex-husband, Olivier Martinez, is engaging in behaviors that amount to parental alienation. This is the latest dispute between the parties, whose divorce took approximately eight years to complete after they first separated.
According to Berry, Martinez’s actions are creating unnecessary conflict in their co-parenting arrangement. One point of dispute mentioned in Berry’s filing is the parties’ different approach to their son’s education. The actress arranged for Maceo to work with a tutor, but she says Martinez prevented sessions while Maceo was with him because they interfered with the boy’s soccer practices.
Berry also alleges that her ex-husband’s “turbulent and emotional” behavior has contributed to their son’s learning and behavior problems. Her filing states that Maceo is difficult when he returns from time with Martinez and that she believes this is a result of Martinez complaining about their disagreements during those visits.
Parental alienation refers to a situation where one parent intentionally attempts to damage or destroy the relationship between a child and the other parent. This behavior can include badmouthing, limiting contact or undermining the other parent’s authority or role in the child’s life. In her court filing, Berry cites parental alienation as a reason why she seeks a custody modification that would give her full control over Maceo’s therapy and education.
Modifying custody arrangements, especially when one parent is seeking full custody, requires a substantial change in circumstances. Berry’s case will likely involve a detailed analysis of whether Martinez’s actions are affecting Maceo’s well-being. If you find yourself in a similar situation, an experienced family law attorney can help protect your rights and advocate for the best interests of your child.
The skillful New York attorneys at Bryan L. Salamone & Associates, P.C. handle divorce and child custody for Long Island clients. If you’re seeking to change the terms of your parenting plan or are opposing a modification requested by your former partner, please call 631-388-6009 or contact us online for knowledgeable legal guidance.