Legal Question in Family Law in North Carolina

Child discipline

My girlfriend and her 2 sons live with me, going on 3 years now. Her and her ex are getting ready for a custody battle and he is telling her that he is going to have me arrested for ''spanking'' the kids. I do discipline them , with a belt when reguired, but i do not leave marks and they cry for about 3-5 minutes. What is the law on disciplining another persons kids, when one parent gives you the permission but the other does not?


Asked on 3/03/09, 2:25 pm

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: Child discipline

If you are acting as your girlfriend's agent and the discipline is not considered abuse, you probably do not have criminal liability.

However, if DSS gets involved, they will probably tell you not to discipline the children with a belt.

The judge in the child custody case may also take issue with it.

Best legal advice is to let the girlfriend handle her own discipline and back off. If you were the step-dad, it might be a little better but still our courts don't recognize step-parents to have many rights.

Information posted for educational purposes only.

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Answered on 3/03/09, 3:37 pm


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