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 Indiana, allegations of child abuse during a divorce are taken very seriously. When one spouse accuses the other of abusing or endangering their children, the courts may involve Child Protective Services (CPS) and the district attorney's office, potentially leading to criminal charges. Indiana law mandates that parents and guardians report suspected child abuse or neglect. If a spouse is found to have participated in, facilitated, or failed to prevent the alleged abuse, they too may face legal consequences. Additionally, Indiana law recognizes the gravity of false reporting; it is a criminal offense to intentionally make a false report of child abuse. Such actions are not only illegal but can also be used to influence child custody decisions or the outcome of a divorce proceeding. The state aims to protect the welfare of children while also ensuring that reports of abuse are made in good faith.