Father loses custody after spanking

VIRGINIA BEACH -- It began as a fight between brothers, ages 4 and 3.

But when the older brother got too rough -- and refused to listen to his parents when they told him to stop fighting -- the boys' father got out the belt.

Now, almost two years later, the father, Sidney Walter, 35, can trace the end of his custodial relationship with his older son to that spanking in October 1998.

Walter's wife, Brenda, remembers seeing her stepson come out of the bedroom after her husband had administered the corporal punishment.

``His bottom was red,'' she recalled. ``He cried for a couple minutes, and then it was over with.''

A month later, Sidney Walter was informed by Virginia Beach Child Protective Services that he had been found guilty of child abuse because the spanking had resulted in bruises on the boy's bottom.

Walter was told about the child-abuse finding while at CPS offices in Virginia Beach. By the time the Walters got notification by mail, the appeals deadline had passed and the finding of child abuse was permanent.

``The disposition is founded on physical abuse,'' read a letter sent to Sidney Walter by Virginia Beach CPS worker Jami C. Krueger on April 30, 1999. ``This means there is a preponderance of the evidence that abuse/neglect has occurred. . . . You will be listed as the involved caretaker in the State Child Abuse and Neglect Registry.''

Walter's name will remain on the state registry for three years.

But for Walter, the worst was still to come. The child-abuse finding set off a custody battle for the boy.

Walter lost.

His son's maternal grandparents were awarded custody in Virginia Beach Juvenile and Domestic Relations Court.

The child-abuse finding was a major factor in the judge's decision, according to the Walters.

Sidney Walter agreed to sign a waiver freeing representatives of Virginia Beach Child Protective Services to speak to The Virginian-Pilot about his case.

The director of the Virginia Beach Department of Social Services, Daniel M. Stone, declined to comment.

Reach Jon Frank at 446-2277 or jfrank@pilotonline.com

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