Legal Question in Family Law in New York

child abuse/parental rights

My husband has been hitting our daughter who is now 14 years old. He frequently hits her in the back of the head, in the face, and will grab her hand, wrist or arm and squeeze it very hard. My question is, does he have a right as her father to hit her in this fashion? He has physically abused me once and was arrested for it but the charges were reduced as a first-time offense. He has also punched my 18-year old son in the face. He is verbally abusive to all of us and says horrible things to my daugher. Do I have a right to call the police if he hits her again. This is not a spanking ... she is 14 years old and not a toddler or young child.


Asked on 12/16/03, 8:09 am

4 Answers from Attorneys

Seth Kaufman Seth M. Kaufman

Re: child abuse/parental rights

Messrs. Loeb and Markowitz are correct in that it is illegal to strike and injure a child in this state. Because you have a legal obligation to protect your daughter, you should seek legal advice as soon as possible. Reporting the abuse to the police or social services may have consequences which you need to be prepared for.

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Answered on 12/16/03, 11:31 pm
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: child abuse/parental rights

In my opinion, you have no choice but to call the police. What your husband is doing is illegal and should be punished immediately. You are probably committing an offense of some sort by not reporting it ... you certainly would bein Texas. Also move! Go to a relatives, friends, Battered Women's Shelter. Get out immediately before he really does irreparable damage to one of you ... You can call me at no expense to yourself at 210.224.5811 and no obligation ... Do not do nothing ... He is a very sick man and very dangerous.

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Answered on 12/17/03, 12:52 am
Michael Markowitz Michael A. Markowitz, PC

Re: child abuse/parental rights

If your husband commits a crime against the children you have a duty to the children to contact the police. However, I would also suggest that you now contact the Department of Social Services. In private you can seek the advice of a Social Worker that is trained to handle this type of situation.

Mike.

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Answered on 12/16/03, 8:17 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: child abuse/parental rights

No! He does not have a right as father to harm his children. In fact if you are aware he is hurting your children, you have a legal duty to report and protect them. Please do your job as a parent, and report this man to the police before he puts you or your child in the hospital or worse.

You may want to contact a woman's shelter group or social services which can assist you with resources and protection.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/16/03, 8:54 am


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