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 Pennsylvania, 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 may lead to the involvement of the district attorney's office, potentially resulting in criminal charges. The accused spouse may also face additional allegations for participation, facilitation, or failure to prevent or report the abuse. Pennsylvania law mandates that parents have a duty to report suspected child abuse. However, it is also a criminal offense to intentionally make a false report of child abuse. Such false reports, if made to gain an advantage in a child custody or divorce proceeding, can lead to legal consequences for the person making the false allegation.