In New York, corporal punishment by a parent is not automatically considered abuse or neglect. The law allows for reasonable physical discipline, but when the actions of a parent result in physical injury or pose a risk to a child’s physical or mental health, they may cross the line into neglect. In Matter of Z.V. (J.V.), the Family Court considered whether a father accused of physically harming his daughter should be allowed court-ordered visitation with her. The court also addressed whether an outside evaluator should assess the possibility of visits. This case highlighted how visitation decisions in neglect proceedings focus on the child’s safety and well-being.
Background Facts
On May 31, 2024, the Administration for Children’s Services (ACS) filed a neglect petition under Article 10 of the Family Court Act. The petition was filed on behalf of 12-year-old Z.V. against her father, J.V. According to ACS, on May 22, 2024, the father entered the bathroom where the child was and told her to “square up.” He took her laptop and provoked her to retrieve it. During the confrontation, he allegedly placed the child in a chokehold and wrestled her to the floor. The child reported that she struggled to breathe and felt like she was about to die.