Parenting is challenging in the best of times, and every parent has their own views on discipline. While one parent may think spanking is completely out of bounds, another may consider it a reasonable approach. Ultimately, however, parents have the right to raise their children as they see fit in the State of Texas, and this can include spanking β within reason. If you have questions about disciplining your children in the face of a divorce or child custody case, an experienced Round Rock family law attorney can help.
The American Academy of Pediatrics has updated its policy on corporal punishment β or spanking β and, in the process, points to increasing evidence in support of its firm ban on disciplining children physically.
Their findings include that spanking a child as a means of disciplining them increases levels of aggression in young children and, ultimately, is ineffective at teaching them increased self-control and responsibility. Further, they report that disciplining children physically can affect their normal brain development and, thus, cause harm. Their advice is that finding other ways to teach our children right from wrongβsuch as reinforcing good behaviorβis both more effective and better for them. Regardless of our evolving stance on spanking, parents in Texas have the legal right to choose the parenting techniques that are right for them.
It is generally perfectly legal for a parent to spank their child as a form of discipline, but there are limits, and corporal punishment can cross the line into child abuse. Child abuse refers to the use of force against a child that leads to bodily injury , which includes any of the following:. Telltale signs that the spanking may have gone too far include leaving behind a physical mark, such as a bruise or a cut.
Situations when disciplining a child is more likely to be considered abuse by the court include all the following:. When the force used causes swelling, leaves a bruise or a welt, or requires medication. When a tool is used to spank the child, such as a shoe, wire, rope, board, or phone cord. The kind of spanking that is least likely to cross the line into abuse is when an open hand is used to apply a reasonable amount of force. While determining the dividing line between reasonable physical discipline and unreasonable physical discipline, the adult who spanks must reasonably believe that their use of forceβin the form of spankingβis necessary to discipline or protect the child.
