There is a chance that a Maryland judge will award custody of your child to the other parent even if that person has a history of abuse. In many cases, the abusive parent will claim that he or she is the victim of parental alienation syndrome. Essentially, this person is saying that the abuse claims are falsehoods designed to turn your child against the other parent.
There are doubts as to whether PAS should be taken seriously
If it is not taken seriously, how will you prove that parental alienation exists in a case or whether or you are not alienating the other parent from the child.? In 2009, a professor from the University of Minnesota said that PAS was nothing more than a series of claims that had no scientific basis. According to the National Council of Juvenile and Family Court Judges, claims of alienation are simply attempts by an abusive parent to divert attention from his or her own actions.
Gender bias may be at play
A study funded by the Department of Justice analyzed 4,438 child custody cases between 2005 and 2014. The study found that 44% of fathers who claimed that they were victims of PAS were able to take custody of their children from their mothers. However, only 28% of mothers who claimed that they were victims of PAS were able to take custody of their children from their fathers. Furthermore, mothers lost custody of their kids in 13% of cases in which they had proven that they were victims of abuse.
If you are seeking custody of your children, it may be a good idea to contact an attorney who can you obtain and organize evidence of abuse or other misconduct that might strengthen your argument to obtain sole physical custody. An attorney may also be able to cast doubt upon claims that you are attempting to engage in parental alienation.