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 Michigan, 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 typically involves Child Protective Services (CPS) and may also involve the district attorney's office, potentially leading to criminal charges. Michigan law requires parents to report suspected child abuse, and failure to do so, or participating in or facilitating such abuse, can result in legal consequences for the non-abusive spouse as well. Conversely, Michigan law also recognizes the seriousness of false allegations of child abuse. Under Michigan Penal Code Section 750.411a, it is 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 lead to criminal charges and is likely to impact the outcome of the custody dispute.