When my kids were over for spring break, they told me that their grandfather as well as my ex-wife’s boyfriend used spanking and punishment with a belt.
I am against this and am worried for their safety.
Are these actions enough to take my ex back to court for custody?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce.
In many jurisdictions, parents cannot modify custody and placement orders unless there has been some kind of substantial change in circumstances since the last round of orders. The standard is purposely ambiguous so that the court can assess each case individually.
Does one incident of violence warrant a change of everything? Probably not. Does a pattern of this behavior warrant change? Probably.
Another option would be to file some kind of restraining order on behalf of your children. These types of orders are uncommon, but if they are experiencing abuse by family members or significant others, this option is traditionally open for concerned parents.
Receiving such an order may actually provide the grounds needed to prove a substantial change in circumstances.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.