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The Inevitability Of Discretion: What Proponents Of Parenting Time Guidelines Can Learn From Thirty Years Of Federal Sentencing Guidelines, Joi T. Montiel

Joi T Montiel

For decades, the prevailing standard for a judge making a decision regarding parenting time has been “the best interest of the child.” Because the high degree of discretion afforded to a trial court by the best interest standard may render inconsistent and unpredictable results, the standard has been widely criticized. In the past half century, federal sentencing has undergone similar scrutiny. The Federal Sentencing Guidelines—“the most controversial and disliked sentencing reform initiative in U.S. history”—have substantially curtailed judicial discretion in an effort to ensure uniformity in sentencing. Several states have explored limiting judicial discretion in the area of parenting time …