Q: Is slapping a 4 year old boy in the head considered abuse? If so does the mother have the rights to full custody ?
Mothers family resides out of state. Can she relocate back to her home town with children
A:
In Pennsylvania, there is no hard-and-fast "list" of what constitutes abuse, and what doesn't. It's a case-by-case determination to be made by a court in each instance. In your case, I'm sure it'll come down to whether it was a hard and proper slap versus, say, a very soft tap to get the kid's attention and express displeasure.
In any case, no - an instance of abuse does NOT automatically give the other parent full custody. A petition to modify custody would need to be filed to change any current court order, or an initial complaint for custody if there is no court case yet. In addition, the other parent could contact the local child protective services agency to open an investigation if there is an honest belief that abuse occurred.
As for relocation, that's a special topic and requires special permission by the court after express notice is given to all parties at least 30 days BEFORE any relocation takes place.
Best of luck to you.
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