? for LEO

[Bily Lovec]

Im thinking something Like this...

[wellingtontx]

Cowboy Mafia handles things like this for those that cannot do so directly.

[tvc184]

Been having some issues with my ex and her boyfriend lately, to make a long story short her soon to be ex husband was beating my 9 year old daughter...well to keep the courts from giving me custody she left the dude and moved ....well my daughter told me today that the new boyfriend has been spanking her,ive tried talkin to her mom about it and she told me not to worry bout what happens in her house..... so my question is is it legal for this dude to be spanking my kid?

Yes, generally speaking it is legal to use force against a child if you have custody or care of the child and it in this case sounds to be true. There may be other considerations like child custody agreements, etc.

As far as the use of force question, it is covered in the Penal Code.

Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

From my point of view to be legal all that the guy needs is consent from your ex to be acting in loco parentis. It could be the same for a baby sitter who has the authority to use force it with consent or implied consent of a parent or guardian. It would be the same if you have a girlfriend or wife and allow them to discipline your child or even a future wife's child where you then become the step parent.

Obviously it cannot be "deadly force" which is serious bodily injury as it clearly states in the statute.

[Quackerbox]

Just what TVC said.

Unfortunately its legit until he causes bodily injury

[Chad74]

Call child protective services and make a anonymous report

[txhoghunter73]

Call child protective services and make a anonymous report

or tell met what he drives and what bars he likes to go to lol... JK i dont need to get shot

[Old Bald Guy]

Call child protective services and make a anonymous report

Ha ha. Either parent can get a copy of the report with only the name blacked out so it doesn't take a rocket scientist to figure out who make the call.

If you have any questions plz send me a pm!! or a text 972 815 9064 I had a long 2 year fight...

2 years is quick. Try 5 years with 2 more years 3 years later. Well worth the fight though.

[Pullersboy]

Yes, generally speaking it is legal to use force against a child if you have custody or care of the child and it in this case sounds to be true. There may be other considerations like child custody agreements, etc.

As far as the use of force question, it is covered in the Penal Code.

Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

From my point of view to be legal all that the guy needs is consent from your ex to be acting in loco parentis. It could be the same for a baby sitter who has the authority to use force it with consent or implied consent of a parent or guardian. It would be the same if you have a girlfriend or wife and allow them to discipline your child or even a future wife's child where you then become the step parent.

Obviously it cannot be "deadly force" which is serious bodily injury as it clearly states in the statute.

This is the correct answer to your question.

[CPR09]

I would definitely sub it out to some good buddies who are self employed. That's the good thing about good friends, they will take a night in jail no questions asked.

I have no problem with a principal or grandpa disciplining my children. But if anybody "beats" my kid, their gonna catch a beating themselves.

[Lonestar63]

Communication is needed.

I wouldn't mind him disciplining my child, but beat, or whip, no.

I would visit him and make it perfectly clear that IF he crosses a line he'll regret for the rest of his life ever meeting me...

[JWalker08]

Documenting issues with CPS is an option. You can make reports via the internet if you want. These would be beneficial to you in the future if other issues arise. If a report is generated with CPS while the kiddo is with your ex there is a possibility local law enforcement will respond to check the welfare of the child dependent on what priority the CPS intake specialist assigns to the case. At minimum ex will hopefully get tired of CPS visiting her house and maybe realize it'd be better for her to discipline the kiddo. Remember this is a 2 way street and she could report bogus stuff to CPS about you as well so I'd make sure it's justified ie. have your kiddo call you when he spanks "beats" her and if it sounds serious enough, report him. Also remember that when CPS is involved they will want to speak to your child, even during school hours sometimes. Make sure she is prepared for that. If you think the issue is bad enough call local law enforcement and ask them to do a welfare check on her. Good luck sir, prayers sent y'all's way.

[TXHunter12]

Yes, generally speaking it is legal to use force against a child if you have custody or care of the child and it in this case sounds to be true. There may be other considerations like child custody agreements, etc.

As far as the use of force question, it is covered in the Penal Code.

Sec. 9.61. PARENT-CHILD. (a) The use of force, but not deadly force, against a child younger than 18 years is justified:
(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.
(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents.

From my point of view to be legal all that the guy needs is consent from your ex to be acting in loco parentis. It could be the same for a baby sitter who has the authority to use force it with consent or implied consent of a parent or guardian. It would be the same if you have a girlfriend or wife and allow them to discipline your child or even a future wife's child where you then become the step parent.

Obviously it cannot be "deadly force" which is serious bodily injury as it clearly states in the statute.

Not disagreeing but please explain why Adrian Peterson got in trouble ?
It was clearly not sadly force.

[TXHunter12]

Been having some issues with my ex and her boyfriend lately, to make a long story short her soon to be ex husband was beating my 9 year old daughter...well to keep the courts from giving me custody she left the dude and moved ....well my daughter told me today that the new boyfriend has been spanking her,ive tried talkin to her mom about it and she told me not to worry bout what happens in her house..... so my question is is it legal for this dude to be spanking my kid?

There is absolutely no way this would ever happen.
Sorry you are having to deal with this.

Would be hard to spank with 10 broken fingers....

[BigL]

Communication is needed.

I wouldn't mind him disciplining my child, but beat, or whip, no.

I would visit him and make it perfectly clear that IF he crosses a line he'll regret for the rest of his life ever meeting me...

agreeded. I would find out more about the spankings and make sure the punishment is justified for what she did. Cross the line and you better hope the cops get to the house before I do.

[twobanger]

You have a family law question not a cop question. My exwife wife did my daughter way, way worse than Adrian Peterson did his kid and the cops did diddly and squat. CPS (worthless until she started in on my son and they were both black and blue all over) and a lawyer eventually got things handled.

Take detailed notes when she talks to you and pictures of any marks that show up.