Can Spanking My Child Get Me in Trouble With the Law?
- Michael Capleone, Sr.
- Apr 15
- 2 min read
Updated: Apr 19
Spanking has long been a controversial subject. Some parents believe it's a necessary form of discipline. Others view it as harmful or abusive. But the real question is: Can spanking your child get you in trouble with the law?
The answer depends on how you spank, why, and what happens afterward.
Is Spanking Legal in the U.S.?
Yes, in most states, parents are legally allowed to use reasonable corporal punishment. But what counts as “reasonable” varies—and can be interpreted differently by a judge, CPS worker, or police officer.
Generally, the law allows spanking if:
It does not leave bruises, cuts, or lasting injuries
It’s done with an open hand, not an object like a belt or paddle
It’s intended to discipline, not to hurt or humiliate
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When Does Spanking Cross the Line?
Spanking may cross into illegal territory when:
There are visible injuries (bruises, welts, red marks that last)
It’s reported by a teacher, doctor, or neighbor
It’s accompanied by emotional abuse or threats
It happens repeatedly or out of anger
If someone reports your child’s injury—even a minor one—Child Protective Services (CPS) or DHR may open an investigation.
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What Happens If You’re Reported?
You could face:
A surprise CPS visit
Temporary removal of your child
Required parenting classes
Criminal charges in extreme cases
In Alabama, for example, spanking is legal—but if a teacher sees bruises or red marks, they are mandated to report it.
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What Should You Do If CPS Shows Up?
Don’t panic. And don’t try to explain or justify the spanking right away. One wrong word could cost you custody.
Instead:
Stay calm and ask for the allegations in writing
Don’t allow entry unless they have a warrant
Say you’ll cooperate after speaking with an attorney
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Want to Be Prepared?
Download my national guide: “Spanking and the Law: What Parents Need to Know” — with scripts, legal rights, and steps to protect your family: https://legalista8.gumroad.com/l/tlalv
Also: Check out my website: https://attorneymlc2003.wixsite.com/website/about-1
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. For legal guidance tailored to your situation, please consult an experienced family law attorney licensed in your state.
