I was told he wasnt allowed to because hes not blood and that i can get into trouble and i just want to know the laws on this so i no what we need to talk about and have a agreement about my kids
NO. Your fiancé may not use corporal punishment (spank or strike) on your children. He may use other forms of punishment, such as time out. You, your fiancé, and the children's father should have a mutual understanding (agreement) on appropriate punishment.
Spanking is the same as criminal battery, however there are limited exceptions for parents to spank their children.
Wishing you all the best.
David A. Carroll
By punish I assume you mean spank or hit them in some way. Corporal punishment can lead to trouble and I would advise against it.
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This is a very delicate question with many, many nuances. I highly suggest you speak with a local attorney on the matter.
In Florida, there is something called “parental privilege,” which gives parents (or those who stand in the shoes of the parent). However, parental privilege does not mean what is being done is not child abuse or criminal battery, but parental privilege acts as an affirmative defense that, and in appropriate cases, may shield a defendant from criminal liability for child abuse. Parental privilege has been defined as the “right of a parent, or one standing in loco parentis, to moderately chastise for correction a child under his or her control and authority.” Raford v. State, 828 So.2d 1012, 1020 (Fla., 2002) (citing Marshall v. Reams, 32 Fla. 499, 14 So. 95, 97 (1893)).
In practical terms, this means that parents have a right to administer “reasonable” or “nonexcessive” corporal punishment, i.e., “a typical spanking,” without committing a crime ... however, this does not give someone free reign and it does not stop the other parent from filing charges.
I would proceed with caution and only allow my future spouse to use non-corporal punishment (e.g., time outs), so as to save a lot of possible headache and legal woes in the future.
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