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?

Related Topics:
1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.