During a divorce, one spouse sometimes alleges the other spouse abuses the couple’s children physically, mentally, emotionally, or sexually—or endangers the well-being of the children by exposing them to inappropriate and illegal behavior such as the use and selling of illegal drugs. Allegations of child abuse are especially serious and the courts treat them as such—often involving child protective services and the district attorney’s office, which may result in the filing of criminal charges.
A spouse who reports the other spouse’s abuse or child endangerment may unexpectedly face allegations and charges for participating in, facilitating, or failing to stop or previously report such behavior, allowing it to continue.
And although parents have an obligation to report child abuse, it is a criminal offense to intentionally make a false report of child abuse to gain advantage in a child custody or divorce lawsuit, for example.
In Georgia, allegations of child abuse during a divorce are taken very seriously by the courts. If one spouse accuses the other of abusing or endangering their children, the matter may involve Child Protective Services and the District Attorney's office, potentially leading to criminal charges. Georgia law mandates that parents must report suspected child abuse. However, if a spouse is found to have made false allegations of child abuse to gain an advantage in a divorce or custody battle, they can be charged with a criminal offense. Additionally, a spouse who is aware of abuse or endangerment but does not report it, or is perceived to have facilitated it, may also face legal consequences. The state's priority is the safety and well-being of the children, and the legal system is structured to address and prevent harm to minors within the context of family law disputes.