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 Maryland, 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 court may involve Child Protective Services (CPS) and the District Attorney's office, potentially leading to criminal charges. Maryland law requires parents to report suspected child abuse, but it also recognizes that a spouse may be implicated for participating in, enabling, or failing to prevent the alleged abuse. Such involvement can result in legal consequences for the reporting spouse as well. Furthermore, Maryland law criminalizes the act of intentionally making false allegations of child abuse to influence a divorce or custody case. This is to prevent the misuse of serious allegations as a tactic in legal disputes. The courts aim to protect the best interests of the child, and any claims of abuse are investigated thoroughly to ensure the child's safety and well-being.