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 West Virginia, 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 (CPS) and possibly the district attorney's office. Such allegations can lead to criminal charges if substantiated. Conversely, the spouse making the allegations may also face scrutiny and potential charges if they are found to have participated in, facilitated, or failed to report the alleged abuse, thereby allowing it to continue. West Virginia law mandates that parents and guardians report suspected child abuse. However, it is also a criminal offense to intentionally make a false report of child abuse. False reporting can be motivated by various reasons, including attempting to gain an advantage in child custody or divorce proceedings. The state takes both child abuse and false reporting seriously, with the aim of protecting the welfare of children and ensuring the integrity of legal processes.