Is Spanking Considered Child Abuse in California?

Experienced California Family Law Attorneys will advise their clients about what constitutes abuse in a custody dispute.  I recently looked into whether spanking of a elementary aged child by parent of opposite gender could be a basis for diminishing custodial time, or joint legal custody. 

The answer is surprising, and it's No - spanking is not abuse.  Under California Welfare and Institutions Code Section 300(a), reasonable and age appropriate spanking where there is no evidence of physical injury does not constitute abuse.  This also includes harsh words.

If you are surprised, so was I. There have been several legal attempts to change this provision of the Welfare and Institutions Code, however, none have been successful.  Gordon Family Law advocates for co-parenting relationships without violence, and if you are concerned about your co-parent's behavior, please reach out to a mental health professional first to assess the situation.