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 York, 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 not only the family court but also child protective services and possibly the district attorney's office. Such allegations can lead to criminal charges if substantiated. Conversely, the accusing spouse may also face legal scrutiny if there is evidence to suggest participation in, facilitation of, or failure to prevent the alleged abuse. New York 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 reporting with the intent to influence a custody decision or divorce proceeding can result in legal consequences for the accuser.