Legal Question in Family Law in New York
''child abuse alegation''
This really hasn't happened yet but will in the future. My 14 year old is starting to act out physically against her mother (punching kicking slapping etc etc) when she is forbidden to see her now ex-boyfriend. My ex wife (her mother) is afraid to retaliate against her because she has threatened to call the police and claim child abuse. If your child get's violent and strikes out at you and you hurt them (is bruises hair etc etc) in retaliation to gain control of the situation, can that be construed as ''Child Abuse'' and if it is what are our rights as parents if our children strike out against us and become violent.
1 Answer from Attorneys
Re: ''child abuse alegation''
Corporal punishment can be the basis for an abuse petition being brought against your ex and/or yourself. If your daughter continues to act out your ex needs to go the Family Court to seek a PINS petition. THe child protective agency may then order services for both of them and/or an Order issued by the Court for further action.
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