Legal Question in Family Law in Illinois
Child Custody, Abuse, Step-Parents and corporal punishment
I am the non-custodial parent of a 4 year old little boy. His mom and I have not been married for nearly three of those years. He has begun telling me things that I believe are abuse but I am not sure what the legal definition of abuse is.
First off, my son (Cameron) has a step-father now. He tells me that his step-dad spanks him a lot. I realize that ''a lot'' is not quantifiable but I have been told that Steps are not allowed to administer corporal punishment. Is this true? If so, does that constitute abuse?
Secondly, Cameron is a rather sensitive kid who cries easily when his feelings are hurt. He tells me that his mom and Step-dad make fun of him and threaten to put a diaper on him if he doesn't stop crying. In fact, my ex called me one night to ask me to have a talk with him because ''he needs to stop his whiny baby bullshit.'' Is this abuse?
And if all of this is abuse, then what burden of proof do I have? (how hard is it to prove?) And is this enough to reverse a custody award?
what is clear is that my son no longer wants to go home to his mom and it pains me greatly to have to do so.
1 Answer from Attorneys
Re: Child Custody, Abuse, Step-Parents and corporal punishment
If you feel that there is a change in circumstances that warrants you changing custody, you must go back into court and show the judge that it is in the child's best interests that you do so. I am not so sure that what you are stating arises to the level of abuse. However, physical discipline is always subject to scrutiny.
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