Legal Question in Family Law in California
can a step-parent physically discipline a child?
my ex and i disagree on this issue and i hope someone can help. she will be getting remarried soon and i requested if any physical dicipline needed to be administered to our 5 year old daughter it should only come from her or me. she feels since that since she will be married to this guy that he can do whatever he needs to do since ''the man is the head of the house'' and that i have no say so into what happens. is it legal for another person to physically dicipline my child with or without my consent? what can i do in court?
3 Answers from Attorneys
Re: can a step-parent physically discipline a child?
What is legal in the area of physical dicipline is very murky. the only thing you can really do is go to court and try and get a court order.
Re: can a step-parent physically discipline a child?
I have found that most judges will order no corporal punishment.
Re: can a step-parent physically discipline a child?
Most judges will restrain corporal punishment. Personnally, I am an advocate of corporal punishment, on the appropriate occasion, but it is very confusing to the children to recieve punishment from a step parent. The step parent has a sufficiently difficult job in establishing a positive relationship with the child that adding corporal punishment to his responsibilities is unfair to him and the child. If you go to court you will probably win on this issue. Good Luck, Pat McCrary