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 Ohio, 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 and could involve the district attorney's office, potentially leading to criminal charges. Ohio law mandates that parents have a duty to report suspected child abuse. However, if a spouse is accused of abuse, the reporting spouse may also face scrutiny and potential allegations for participation, facilitation, or failure to report the abuse, which could be considered complicity in allowing the abuse to continue. It's important to note that while reporting child abuse is a legal obligation, making a false report of child abuse to gain an advantage in a divorce or custody case is a criminal offense in Ohio. Such false allegations are taken seriously and can result in legal consequences for the person making the false report.