Charleston, SC asked in Child Custody and Family Law for South Carolina

Q: My ex wife has full custody. She said "Don't touch my kids" because I spanked our son. Can I legally discipline kids?

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
Answered
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: Based on S.C. Code Ann. Section 63-7-20(4)(a), generally, corporal punishment is allowed in South Carolina as long as it is administered by a parent or person in loco parentis; is perpetrated for the sole purpose of restraining or correcting the child; is reasonable in manner and moderate in degree; has not brought about permanent or lasting damage to the child; and is not reckless or grossly negligent behavior by the parents.

However, a court order can prohibit the use of any corporal punishment in a specific case. So the answer to your question largely depends on the content of the Order that gives her "full custody," as it may detail who has the authority to punish your child(ren) and/or how they can do so.

Your best option is to schedule a consultation with an experienced child custody attorney and take a copy of the Order with you for them to review.

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