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When Is Disciplining Your Children Abuse Vs. Permissible Corporal Punishment?

When Is Disciplining Your Children Abuse vs. Permissible Corporal Punishment?

Although Illinois parents have the right to use corporal punishment to discipline their children, the right has its limits. Under Illinois law, children can be found to be abused if they are the victims of “excessive” corporal punishment.

The courts decide when corporal punishment crosses the line from permissible to “excessive” based on the following factors:

  • the amount of damage inflicted;
  • the demeanor of the child;
  • the likelihood of further instances of punishment that would cross the line of permissible punishment;
  • the danger to the child of further bodily harm or mental trauma;
  • the age of the child;
  • the purpose of punishment; and
  • general reasonable standards.

Illinois courts have ruled that parents have the right to use corporal punishment unless the above-referenced factors reveal that the punishment was not in the best interest of the child.

 

Azita M. Mojarad

Azita M. Mojarad is the founder of the Law Offices of Azita M. Mojarad, P.C. For over 20 years, she has helped thousands of clients with immigration, divorce, criminal defense, and business law matters in Chicago and the greater Illinois area. She holds a J.D. from Loyola University Chicago School of Law and an M.B.A. from North Park University. Azita is AV Preeminent Rated by Martindale-Hubbell and recognized as a Leading Lawyer in Immigration and Divorce by the Leading Lawyers Network since 2012.

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