NBA star Dwayne Wade has won custody of his two sons, ages 3 and 9, after a five month custody battle with his ex-wife in Florida. The children will be transitioned to Wade’s residence over the next month during which time the mother will have limited contact with them. The children had been living primarily with their mother.

What necessitated such an abrupt change?

The mother’s unwillingness to facilitate and encourage a relationship between Wade and his children. The judge found that the mother engaged in “unstoppable and relentless pattern of conduct for over two years to alienate the children from their father.”

The mother also made claims that Wade was physically abusive to his children; a claim the court found to be “baseless.”

To his credit, Wade has repeatedly said that he wants his children to have a healthy relationship with their mother.

Like Florida, Connecticut courts specifically address this type of behavior.

In Connecticut our “best interest” statute, §46b-56, sets forth sixteen factors for a court to consider when making custody and visitation orders. Those factors include: “the willingness and the ability of each parent to facilitate and encourage a continuing relationship between the child and other parent.”

This case illustrates that forms of parental alienation are among the most important considerations when a court is deciding issues of custody. In Wade’s case it was a “game changer.”

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