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Many scholars believe that the rise of parental alienation began in the 1980s when state legislatures started eliminating the “Tender Years Doctrine” and enacting the “Best Interests of the Child” standard. Under the tender years doctrine the court almost always presumed the mother to be the favored custodial parent; whereas under the best interest of the child standard, the court must weigh and balance several factors in determining the child custody arrangement. One particular factor that is pertinent in the parental alienation context is that regarding a parent’s ability to facilitate and sustain a relationship with the opposing parent...
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