D.,
ADDENDUM: As one who has lived on both sides of ADD with and without hyperactivity, I will say that your daughter's behavior does not sound like an ADHD condition. This is not to say that she is not ADD but I do not believe the described behavior is part of that problem.
Just as a side-note here, as a CNA you may already be aware that most MD's do not like to deal with treatment of ADD and they will refer you to a psychologist. Also, at the age of 5, your daughter could only be diagnosed anecdotally. That is, through your description of your daughter's behavior. A busy, overactive ... and I mean TRULY overactive, can't sit still child or one who may not be overactive but cannot focus and concentrate on anything for an extended time may well be ADD. ALSO the child who tends to overfocus on things but, once a project is mastered they lose interest, may also be ADD. Further: if your older daugher is ADD/ADHD, it is highly likely that your younger daughter will be, too.
Your daughter's issues sound more like a child-rearing matter, however. Psychological studies have shown that the first word a child learns is 'NO'. This is an important step in learning everything else that comes after. Your daughter has learned the meaning of the word no, she just has not been taught to respect it. Perhaps, with daddy the sole caregiver for a few days, he may develop a different perspective on child-rearing.
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It's difficult to know how to view this without knowing what's behind it. What is your husband's rationale for not wanting to correct the girls? I'm curious, too, as to whether your husband leaves childcare solely to you. Does he take care of them when you are at school or is this relegated to a third party? When a couple marry, they are, by nature and necessity, the most important person in each other's lives. When they have children, that 'pecking order' changes. The children MUST BE the most important part of the relationship. that means one's spouse must take a backseat to whatever is best for the children.
As you are undoubtedly aware, spanking children, especially very young children, can constitute abuse and any corporal punishment can lead to abuse if the parent loses his or her temper. Is your husband afraid of this, perhaps?
On the flip side of this, however, is a different kind of abuse. Failing to properly teach your girls right from wrong. If they are not told they are doing something wrong, they will continue to behave in an inappropriate manner and this could lead to devastating results in the future. A person who has no concept of right and wrong has a difficult time of understanding the basic rules of etiquette and public behavior. This, in turn, leads to breaking laws simply because one does not understand and/or accept the necessity for them. Your husband should be aware that, according to law in most states, failing to teach your children proper conduct constitutes abuse as much as physically abusing them and is actually considered criminal neglect. Worst cse scenario - depending upon where you live, your state, technically could classify this lack of parental intervention as neglect and remove the children from your home!
Not teaching your daughters proper conduct now will only make them more difficult to control when they are ten or twelve or sixteen and, as you already see in your five year-old, the negative behavior and acting out is already apparent in her. She will carry this behavior into school and it is going to handicap her school career and her ability to learn and, later on, to earn. If she does not learn to accept and respect her limits, she will, as an additional detriment, find herself spending a great deal of time in the principal's office, getting reprimanded and punished for her behavior in the classroom, she will get a reputation as a troublemaker and other children will not want to associate with her. Her self-esteem will suffer greatly and this, in turn, will affect her ability to get and maintain a good job in the future. It will also increase her likelihood of dropping out of high school, becoming pregnant in her teens (statistically, as a dropout, more than once) Her chances of being arrested and going to jail, or even prison are increased astronomically.
I could go on about the negative aspects of the never say no approach to child rearing but I think you get the picture and, of course, you are already well aware of this aspect. The problem here is getting your husband to understand that.
As you have already discovered, it is really difficult to train your children if your husband does not back you up. If you do not make a solid front in your child rearing, the path of least resistance will generally win out. In this case, your husband's never say no approach. As a last resort, you might want to get a little more hard-nosed with your husband. Let him know that, after carrying those girls for nine months apiece, you are the bottom line on their upbringing and he is not to undermine your efforts. If he cannot respect you enough to support you in this, you need to sit down with him and quietly explain the need for training your children to be respectful. Respect is earned and, if he does not earn their respect now, he will not get it later. If that means Little Miss Five runs crying to him when you tell her no and he has to learn to say, "What did your mother say?" then he'd better start practicing. After a rough start for everyone involved, this approach worked great for my sister.
There is, of course, a right and a wrong way of approaching the matter of correcting and teaching your children. Unfortunately, for your five year-old, it's a little too late for a gentle-handed approach. You need to sit down with your husband and a family counselor and discuss your husband's reasons for not wanting to reprimand your children. He needs to understand that this is not punishment so much as it is teaching (the most important aspect of parenting) - no different than teaching mathmatics, reading, writing, or geography. And it is just as vital. A family counselor might be able to help him understand this.
This is not going to be an easy transition for any of you, most especially your children, who have already gotten used to the hands off method of child-rearing. You may have to sit down with them on repeated occasions (especially the five year-old) and explain to them that, although she has been free to pretty much do as she pleased in the past, Mommy and Daddy have agreed that she needs to start learning how to behave in school and other places outside the home so there will, in the future, be specific expectations for her behavior and, should she transgress, there will be a price to pay (time outs, no playing with a favorite toy, etc.) If you have a television in her bedroom, this has been shown to increase behavioral problems and you might want to consider removing it.
What lies in store for the future will not be easy but you just have to remember that, the bottom line is, this is for your children and they are worth whatever price you have to pay.
Let me know how things progress and, if you need to vent, you can always find me here. Good luck to you and your family.