Child Custody Precautions, Which Child Punishments are Legal in California?

Many parents may want to instill a sense of discipline in their children. There are many ways to discipline or punish your children, from spanking and time-outs to losing video game privileges. But which of these punishments are actually legal? This is something you should definitely ask yourself as a parent before you get too carried away with your punishments. Although it might seem like the government is infringing on your parental rights, you may suffer serious legal consequences if you engage in child punishments that are illegal in the state of California.

Physical Punishments

 Generally speaking, physical punishments are legal in California – but only under certain circumstances. The most obvious form of physical punishment is spanking, which is legal as long as it is carried out in a reasonable and justifiable manner. This means that if you wish to spank your child, you must have a good reason for it and without intent to cause harm. You cannot simply punish your child because you feel like it. In determining whether punishment amounts to abuse, Courts consider many factors including:

• Whether the child has any marks, such as bruises, burns, as well as the shape of the marks
• The type of physical punishment (e.g. open hand or closed hand)
• Whether objects were used

Psychological Punishments

 Psychological punishments can also lead to legal consequences, even if they do not involve any physical harm. Emotional abuse is child abuse and is illegal in California. The court will use its own discretion to determine whether certain punishments are unreasonable, and considers many factors including:

• Humiliating the child
• Degrading the child
• Verbally belittling the child
• Shocking or terrorizing the child
• Arguments in front of the child

What Might Happen if You Engage in Illegal Forms of Child Punishment? 

If there is reason to believe that your punishments go beyond what is considered legal in California, you may face a range of potential consequences:

• Loss of Custody: If you are a single parent who shares custody with your ex, you may lose custody if you engage in illegal child punishments. Your ex could bring this matter to the attention of the family courts or Child Protective Services. From there, the court may decide to alter your existing custody agreement and make your ex the new primary custodial guardian. Your visits with your children from that point onward may be supervised to protect their safety.
• Criminal Charges: In the most severe cases, you could face criminal charges for engaging in illegal forms of child punishment. Child abuse laws in California clearly state that it is illegal to subject any child to unjustifiable pain or mental suffering that is likely to cause great bodily harm or death. It is also illegal to “willfully inflict any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.”

Where Can I Find an Experienced Family Law Attorney? 

If you are experiencing any issues with your parental rights or legal consequences related to child punishments, be sure to get in touch with Knez Law Group, LLP, at your earliest convenience. We have been helping parents and families in Riverside for many years. During your consultation, we can answer any questions you might have about the legality of certain child punishments. From there, you can approach this delicate matter in the most efficient and confident manner while protecting your parental rights. Reach out today to get started.