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 Louisiana, during a divorce, allegations of child abuse by one spouse against the other are taken very seriously. The courts may involve child protective services and the district attorney's office, potentially leading to criminal charges. If a spouse reports abuse or endangerment of children, they themselves could be scrutinized for participation, facilitation, or neglect in failing to report or stop the abuse. Louisiana law mandates that parents have a duty to report child abuse. However, it is also a criminal offense to intentionally make a false report of child abuse. Such false reporting, if done to gain an advantage in a child custody or divorce proceeding, can result in legal consequences for the person making the false allegations.