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Custody agreement says no corporal punishment, but mom's boyfriend is spanking with instruments... What can we do legally?

Saint Louis, MO |

One of my step-sons came over a month ago with bruises on his rear from his mom's boyfriend bare-skin spanking him so hard with a hairbrush that it left bruises 4 days later. Our court papers for the custody plan say that "no parent nor a third party" is allowed to use corporal punishment with the boys. We filed a police report and they interviewed my step-sons, but nothing came of it. DFS was involved, and they said since she has a baby with this guy, they don't feel that it is a serious enough case to "break up the family" at their mom's house.
They came over today and said that he is spanking them again, bare skin on their rear-style. He also told them, "You can tell your dad that I can spank you whenever I want."
The boys say that they want to live with us.
What can we do legally?

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