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 New Mexico, 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 and the district attorney's office, potentially leading to criminal charges. New Mexico law requires parents to report suspected child abuse, but it is also a criminal offense to intentionally make a false report of child abuse. False allegations can be made to gain an advantage in child custody or divorce proceedings, but such actions are illegal and can result in legal consequences. Additionally, a spouse who reports abuse may also face scrutiny and potential charges if they are found to have participated in, facilitated, or failed to prevent the reported abuse. The state's priority is the safety and well-being of the children, and the legal system is structured to address these concerns while also guarding against the misuse of allegations.