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 Texas, allegations of child abuse during a divorce are taken very seriously. If one spouse accuses the other of abusing or endangering their children, the court may involve Child Protective Services (CPS) and the district attorney's office, potentially leading to criminal charges. Texas law mandates that parents must report suspected child abuse. However, if a spouse is found to have knowingly made a false report of child abuse to gain an advantage in a divorce or custody case, they can be charged with a criminal offense. Additionally, a spouse who reports abuse may also face scrutiny and potential charges if they are suspected of participating in, facilitating, or failing to prevent the reported abuse. The Texas Family Code provides guidance on these matters, and the outcomes can significantly impact child custody and divorce proceedings.