Legal Question in Family Law in New Jersey

custody challenge due to discipline issues

I have custody of my 2 children, ages 5 and 7 (separation 2 1/2 years ago- no marriage). My 5 year-old son has been very difficult to handle lately (We are beginning counseling). I have tried everything from reprimand to time-outs in order to control his behavior, which ranges from temper tantrums, throwing things, and hitting others. As of now, the only thing that is working is spanking. Spankings are only given when they are needed, and are also given by my partner (we all live together). The children's father has expressed that he does not appreciated his children being spanked. He feels that a time-out is sufficient (it is not). He has now threatened to take custody if they are spanked. On this basis alone, does he have a chance?


Asked on 11/29/00, 9:39 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: custody challenge due to discipline issues

In my opinion, on that basis alone, he will not be able to obtain custody. However, custody battles tend to have many factors involved, not just one. Judges and lawyers are split on whether corporal punishment is appropriate and if so when. However, it also appears to me that there are more issues here than just the "spanking" issue. You really need to discuss this with an attorney. This advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 12/04/00, 1:13 pm


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