Legal Question in Family Law in Tennessee
Spanking children other than your own?
My boyfriend is being investigated By the Department of Children's Services for allegations of abusing my 7-year-old son. My parents called in the abuse report and stated that my boyfriend abused my son by spanking him on the bottom with a belt. (Keep in mind here that this is a child with severe behavior problems that requires discipline quiet often.) We were told by a Department of Children's Services worker that it was illegal to spank a child other than your own.
In other words they told us that my boyfriend was not permitted by law to spank my son. I questioned that with...So is it okay for the grandparents to spank him and the answer was yes, they are family members.
So my question is... Is there a law that prohibits people outside of family from spanking your child even though that person has the parent�s permission to do so?
2 Answers from Attorneys
Re: Spanking children other than your own?
There is no law against spanking children other than your own, however it is frowned upon, especially in boyfriend/girlfriend or step-parent situations. Family animosity toward the person spanking the child often leads to DCS referrals. Depending upon the county you reside in, the DCS workers may simply advise the boyfriend not to do it again or they may push the issue and involve the courts. If you, as the parent, are accused of neglecting your child and a petition is filed against you by DCS, you have a right to have an attorney represent you and if you can't afford one, the court must appoint you an attorney.
Re: Spanking children other than your own?
None that I know of. There are restrictions on how much force can be used while spanking, but if your boyfriend has your permission, he can spank your child. On the other hand, I think you can refuse that right to your parents. For more info, see www.gsmithlawfirm.com
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