Legal Question in Family Law in Arizona

Re: Spanking a step son

I think that could be a little risky. I usually encourage step parents to stay in the background as much as possible. However, if that is truly not possible (which, with 4 boys myself, one of whom is a step, I can truly see), then there may be better options before corporal punishment, especially for a child this old. I think there are a lot of opportunities for discipline that would not be as risky if you have to defend them in Court.

I can explain the issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: Spanking a step son

Thank you for your inquiry.

Although there is not a law that directly answers your question, I must discourage you from spanking your stepson, for a couple of reasons:

One, based on comments I have heard judges make over the years, fourteen is too old for a spanking.

Two, if you discipline the child, especially over the father's objection, he might argue that she improperly delegated authority to you, and that could create trouble in the custody arena.

I'm not saying that the father's behavior is correct or appropriate, but I don't think spanking is the answer. Your wife might consider asking the court to order a mediation so the two of them can sit down together and agree in advance on the types of discipline that will be acceptable in both homes.

I hope this information is useful.

Sincerely,

Monica Donaldson