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Parenting Statute. Change #6

March 25, 2009

The sixth change to the parenting statute allows the Court to consider who provides more consistency for the children with homework, discipline, meals and bedtime. The provision reads as follows:

“The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline and daily schedules for homework, meals and bedtime”

As a divorce lawyer, it could be important to know how your client disciplines the children.  Does he or she use time out versus corporal punishment?  Is there a conflict between the parents regarding punishment?  In my practice, this issue usually comes up when one parent disciplines the children and the other parent does not follow through.   When the parties do not utilize the same type of discipline, or if the discipline is negated at the other person’s home, it creates more conflict with the children. 

I believe that the more important change is going to be to look at the children’s schedule for doing homework, eating dinner and going to bed.   Having a routine, which is followed in both households, is important to establish with the Court. If there is no consistency on these issues, it is more likely than not that the Court is going to direct that the children spend more time at one household versus the other during the school week.  This will ensure that schoolwork is done, that the children are fed and in bed at an appropriate time, and that they are rested for school the next day.

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