Is it ok for stepmom to spank my son?

[angelmama]

Don't backpeddle too fast...you might stumble and fall. A stepparent has NO legal rights to a child, unless that stepparent has adopted that child. If not, they are NOT legally allowed to physically molest and/or assault a child. You said "caregivers/parents/stepparents are allowed..."

First of all, you should not be associating a stepparent and/or caregiver to a parent. A parent is allowed to use corporal punishment, as long as it is within state laws. Any other non-legal party has no legal right to use corporal punishment. PERIOD!!! If my ex's spouse spanked my kid(s), there would be two people in for an ass-whoppin' LOL.


No sh*t Sherlock...I know it's a legal site. If a stepparent spanks (for example) YOUR child -- it's assault. It's quite simple.

So, let's stop the freaking song and dance.

LOL I have not backpeddled or changed my stance on the subject from the beginning. I have cited actual laws regarding corporal punishment in OP's state, and have yet to see you cite anything that legally contradicts whats been posted by myself, and others. You seem to have some anger management problems, along with some troubling reading comprehension problems.

 

[mommyto 2]

Isn't he fact that the stepmother also used a metel spoon a part of this issue. Having dealt with child protective services they tend to take hitting a child with potentially dangerous items more seriously then a hand. No one, parent, step parent, grandparent, etc.. should be hitting a child, much less with a spoon. A smack on the rear with a hand is one thing, but using a spoon is another. Also, the fact that step mother got so defensive with you when questioned, indicates to me she knew what she was doing was wrong, but may have some anger issues. These anger issues make her even more dangerous. Call your child protective services for advice on how to handle this situation.
Punishing a child for thumb sucking will get you no where in changing that behavior, in fact it may actually increase the activity. Since you only have your child 2 days every other week, you are going to have little impact on changing the habit

 

[StickyFingers]

Sorry, but you are dead wrong here. In almost ALL of the 50 states caregivers/parents/stepparents are allowed to use corporal punishment. And OPs state statute clearly states that "Physical forms of discipline may be used as long as there is no physical injury to the child. Secs. 19-7-5/ 19-15- 1/49-5-180.[Ci.]"

Since the stepparent left no physical marks (that the NCP can prove), legally its not abuse, and its not assault. Not saying that I agree with it, but this isn't a moral site, this is a legal site. Appropriate or not, check the laws. Its very shocking.


http://familyrightsassociation.com/info/spanking_laws.htm

Amazing...simply amazing!...The step parent has no rights short of a court order....But if they perform battery/assault on a child that they are a legal stranger too.....They can not be held accountable?


My court order will be amended to provide such language. I would "flip my script" if I found out the "step" was physicaly disciplining my child.

Step parents have few rights if any....but are allowed to beat my child Oh yes....as long as there are No marks

 

[nicetryadmin]

It's just amazing how people think that STEPPARENTS have any legal right to physically assault and/or physically molest a child. There is a difference between disciplining the child and physically placing their hands on the child.

And it's even more pathetic that there are several of you on here defining "abuse" and "corporal punishment." But yet, I have not seen one person address ASSAULT, which is what I've been freaking saying over and over again. NOT abuse or corporal punishment.

The stepparents have NO legal rights to a child. That includes spanking the child -- for whatever reason. That is no different than if I -- or any of you -- were to wail off and punch someone. It's assault. Simple assault. Civil assault. And if an object is being used...hmm...sounds like aggravated assault to me.

What the hell is this world -- and forum -- coming to?!

 

[StickyFingers]

It's just amazing how people think that STEPPARENTS have any legal right to physically assault and/or physically molest a child. There is a difference between disciplining the child and physically placing their hands on the child.

And it's even more pathetic that there are several of you on here defining "abuse" and "corporal punishment." But yet, I have not seen one person address ASSAULT, which is what I've been freaking saying over and over again. NOT abuse or corporal punishment.

The stepparents have NO legal rights to a child. That includes spanking the child -- for whatever reason. That is no different than if I -- or any of you -- were to wail off and punch someone. It's assault. Simple assault. Civil assault. And if an object is being used...hmm...sounds like aggravated assault to me.

What the hell is this world -- and forum -- coming to?!

I agree...and am confused.

So step-parents shouldn't speak as "we" for a child....should not let them call us "mommy" or "daddy" and we have no other rights beyond being a "legal stranger"..

But we can physically assault/batter our step children?????

Nice to know...

 

[CJane]

It's just amazing how people think that STEPPARENTS have any legal right to physically assault and/or physically molest a child. There is a difference between disciplining the child and physically placing their hands on the child.

And it's even more pathetic that there are several of you on here defining "abuse" and "corporal punishment." But yet, I have not seen one person address ASSAULT, which is what I've been freaking saying over and over again. NOT abuse or corporal punishment.

The stepparents have NO legal rights to a child. That includes spanking the child -- for whatever reason. That is no different than if I -- or any of you -- were to wail off and punch someone. It's assault. Simple assault. Civil assault. And if an object is being used...hmm...sounds like aggravated assault to me.

What the hell is this world -- and forum -- coming to?!

NTA ~ You're wrong. Plain and simple. A step-parent in Georgia and many other jurisdictions has EVERY RIGHT to physically discipline a child, when acting in loco parentis. Just as the child's teachers, grandparents, daycare providers, etc do. If that step-parent has been given implied or real consent by a parent, there are no laws being broken.

You don't have to like it, but that's the way it is. And it has nothing to do with that person having a legal right to the child, and every thing to do with the phrase 'in loco parentis' which is why I defined it in this thread. There are a LOT of people who fit that description/definition who would never have a legal right to the child, but would not be breaking any laws if they physically disciplined a child within the statutory guidelines as they apply to corporal punishment.

But, just for giggles, here's the 'definition' of assault (or battery):

Simple Assault _ O.C.G.A. 16-5-20

There are two types of simple assault. The first, attempted battery (or attempt to commit violent injury) requires the state to prove that the defendant intended to commit a violent injury. Additionally, the prosecution must prove that the defendant_s actions were a "substantial step" toward the commission of a battery. Whether or not the act is a substantial step is a question of fact.

Didn't happen.

Aggravated Assault _ O.C.G.A. 16-5-21

Aggravated assault occurs when an assault is committed one of three ways: 1) with intent to murder, rape or rob; 2) with a deadly weapon (includes any instrument which, when used against a person is likely to or actually does result in serious bodily injury) or 3) by discharge of a firearm from within a motor vehicle toward a person or people.

Didn't happen.

Simple Battery _ O.C.G.A. 16-5-23

Occurs when the defendant intentionally makes physical contact of an insulting or provoking nature or intentionally causes physical harm.

Didn't happen.

Battery - O.C.G.A. 16-5-23.1

Occurs when one intentionally causes substantial physical harm or intentionally causes visible bodily harm to another.

Didn't happen.

Aggravated Battery _ O.C.G.A. 16-5-24

Occurs when a person maliciously does one of three things: (1) causes bodily harm by depriving victim of the use of his/her body; (2) renders a part of the victim_s body useless; or (3) seriously disfigures the victim.

Didn't happen.

 

[StickyFingers]

The simple battery part.....I believe is the ticket.


"Occurs when the defendant intentionally makes physical contact of an insulting or provoking nature or intentionally causes physical harm." (if that is not the definition of a a spanking....then what is?)

The defendant (step-Parrent) made intentinal contact in order to harm (the spanking).

Seems like case solved...

Simple battery if I ever heard it!

Might even fall in the realms of domestic violence.

 

[CJane]

The simple battery part.....I believe is the ticket.


"Occurs when the defendant intentionally makes physical contact of an insulting or provoking nature or intentionally causes physical harm." (if that is not the definition of a a spanking....then what is?)

The defendant (step-Parrent) made intentinal contact in order to harm (the spanking).

Seems like case solved...

Simple battery if I ever heard it!

You have to prove the physical harm part of it, and mom stated that it left no marks. If the spanking HAD caused physical harm, than the Step would be guilty of abuse anyway.

But, since you asked:

Georgia defines "reasonable" corporal punishment as producing "transitory pain and potential
bruising," as long as they are not "excessive or unduly severe and result only in short-term discomfort."

Sounds like that's exactly what happened.

I don't want to sound like I'm defending the step-mother's actions. I too live in a state where this would be totally legal. I don't spank. I can count on one hand the number of times my kids have even received a swat on their butt (and they were in diapers) by me. I would want to moider their SMom if I found out that she hit them (dad DOES believe in spanking), but SMom wouldn't be breaking the law, only pi$$ing me off.

Sad commentary on our society, but there ya go. What SMom did was legal. It fits the 'reasonable' definition according to GA statute.

It was not assault, it was not abuse, it was not battery.

It was distasteful, it was unfair to the child, and it was probably unneccesary.

I just don't want OP to get any false hope that there's an actual law that was broken.

 

[ceara19]

Let's assume that INTENT cannot be proven. That still leaves the option of Simple Battery open.

Simple Battery _ O.C.G.A. 16-5-23

Occurs when the defendant intentionally makes physical contact of an insulting or provoking nature or intentionally causes physical harm.

I can definately see where hitting a child with a metal spoon, or any object of the sort, can be interpreted as both insulting AND provoking.

 

[StickyFingers]

I just don't want OP to get any false hope that there's an actual law that was broken.

I agree...My point is that as step-parents we are told repeatedly.(.not only on this MB but other sources too) That we should not refer to our step-child as "my child" and we should not refer to issues like "we"....

But as we are constantly reminded that we (as step parents) have no rights....

I find it appalling that a step child can be physically reprimanded by a "legal stranger". But step parents have no legal standing and have no rights.

Personally, I think legislature needs to sh!t or get off the pot!

 

[CJane]

I agree...My point is that as step-parents we are told repeatedly.(.not only on this MB but other sources too) That we should not refer to our step-child as "my child" and we should not refer to issues like "we"....

But as we are constantly reminded that we (as step parents) have no rights....

I find it appalling that a step child can be physically reprimanded by a "legal stranger". But step parents have no legal standing and have no rights.

Personally, I think legislature needs to sh!t or get off the pot!

I agree with you. I don't think spanking/corporal punishment will ever be outlawed though. And, when you live in a state (like GA) that requires you to actually have a doctor's note stating that corporal punishment would do emotional or physical harm to your child in order to keep the principal from using a paddle on them...

 

[nicetryadmin]

I can definately see where hitting a child with a metal spoon, or any object of the sort, can be interpreted as both insulting AND provoking.

That would add the "aggravated" part.

Ya know, this is just amazing. Stepparents have no legal rights (i.e. make major decisions and the such), but yet the law doesn't have a "problem" allowing them to administer physical discipline. NOW, I am totally convinced every single legislator has their head so far up their ass, they haven't seen daylight in...forever. It almost seems a stepparent has as much rights as the bio parent.

 

[Ohiogal]

Don't backpeddle too fast...you might stumble and fall. A stepparent has NO legal rights to a child, unless that stepparent has adopted that child. If not, they are NOT legally allowed to physically molest and/or assault a child. You said "caregivers/parents/stepparents are allowed..."

First of all, you should not be associating a stepparent and/or caregiver to a parent. A parent is allowed to use corporal punishment, as long as it is within state laws. Any other non-legal party has no legal right to use corporal punishment. PERIOD!!! If my ex's spouse spanked my kid(s), there would be two people in for an ass-whoppin' LOL.


No sh*t Sherlock...I know it's a legal site. If a stepparent spanks (for example) YOUR child -- it's assault. It's quite simple.

So, let's stop the freaking song and dance.

Actually you are wrong. In Ohio for instance, schools are allowed to use corporal punishment -- meaning a principal or teacher can spank a child. A step parent is acting in loco parentis and therefore can spank a child unless the parent (in this case dad) does not give permission. I say dad because dad has full legal custody forbids it. It doesn't make it reasonable and doesn't sit well with me but it is the way the law is. It is seen as discipline and not assault.

 

[Ohiogal]

Amazing...simply amazing!...The step parent has no rights short of a court order....But if they perform battery/assault on a child that they are a legal stranger too.....They can not be held accountable?


My court order will be amended to provide such language. I would "flip my script" if I found out the "step" was physicaly disciplining my child.

Step parents have few rights if any....but are allowed to beat my child Oh yes....as long as there are No marks

I know it doesn't make sense but babysitters, caregivers and schools have the right to discipline children including using corporal punishment.

 

[BelizeBreeze]

I know it doesn't make sense but babysitters, caregivers and schools have the right to discipline children including using corporal punishment.

I suggest you do a bit more research before posting such generalized statements.