Alienation of Affection of Child

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Naomi:

Greetings. A custody action is your better tactic, as well as a claim for intentional infliction of emotional distress (maybe). No, alienation of affection cannot be used for this situation, as it is limited to situations where there is an intact marriage and one spouse is lured away by a third party that comes in and destroys the natural love and affection of the marriage. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

Is it possible for the Alienation of Affection law be applied when someone entices your child into believing they would be better off and happier living with someone else? My 15 year old daughter has been removed from my home by a couple we know from our church. They got temporary full custody of her a week ago. Allegations to DSS and investigated by DSS were found to be false and that my home was a safe environment for my child.
I am a single parent and over the past year a couple has befriended my daughter and I and over time has increasingly become more interested in my daughter’s life and have taken her on weekend trips and asked her to babysit their 5 year old son and just to “hang out” with the woman and help around their house due to the woman is on disability.
My daughter loves the “two parent family” environment and apparently worked with the couple to take legal steps to have her removed from my custody and placed in their home.

Naomi