An Overview of No Fault and Fault Divorce Law

No Fault Divorce
A no fault divorce refers to a type of divorce in which the spouse that is filing for divorce does not have to prove any fault on the part of the other spouse. All a spouse has to do is give any reason that the state honors for the divorce. The most commonly given reason is "irreconcilable differences" or an "irreparable breakdown of the marriage." These are just fancy ways of saying that the couple does not get along and that the marital relationship cannot be repaired. A spouse cannot object to another's petition for no fault divorce, as that objection itself is viewed by the court as an irreconcilable difference.
All states recognize no fault divorces, but some states require that the spouses live separately for a designate period of time before either of them can file for a divorce.
Fault Divorce
Fault divorces are not as common, and in fact, most states no longer even recognize them. In the states that do recognize them, one of the spouses requests that a divorce be granted based on some fault of the other spouse. The most common grounds for granting a fault divorce are:

• Adultery
• Abandonment for a certain length of time
• Prison confinement
• A spouse is physically unable to have sexual intercourse
• Inflicting emotional or physical pain (cruelty)

No state requires the spouses seeking a fault divorce to live apart for a specific period of time, unlike a no fault divorce. Proving fault also often provides the spouse without fault with a larger portion of the marital property or support. These two characteristics make a fault divorce more attractive to some people.
Comparative Rectitude
When both spouses seek a fault divorce and can both prove the other spouse is at fault, the court decides which one is least at fault. That party will be granted the divorce. This is called "comparative rectitude." This doctrine was created to address the problem of courts granting neither party a divorce if they were both at fault. Courts have a public policy interest in not forcing two people to stay married if they don't want to be.
Defenses to a Fault Divorce
Unlike a no fault divorce, a spouse can object to a fault divorce by disproving or presenting a defense to the fault complained of. The following is a list of common fault divorce defenses:

• Connivance is an absolute defense to adultery. Connivance alleges that the complaining spouse agreed to and even participated in the infidelity. It makes sense that a couple who voluntarily participates in group sex cannot then go and complain of adultery. Similarly, a spouse who prostitutes the other or who facilitates the other's infidelity cannot thereafter claim adultery as grounds for divorce.
• Condonation is a claim that the other spouse knew about the complained of conduct, forgave such conduct, and resumed the marital relationship. This is typically used to defend an adultery accusation.
• Recrimination is when the complaining spouse is equally at fault or engaged in similar conduct. For example, if both spouses had affairs, neither one would be able to use adultery as grounds for a fault divorce.
• Provocation is where one spouse is enticed by the other spouse to act in a certain way. For example, where one spouse abuses the other spouse, which forces that other spouse to leave the marital home, the abusive spouse would not be able to then use abandonment as grounds for divorce, since it was his or her abuse that caused the other spouse to leave.
• Collusion refers to an agreement between both of the spouses to fabricate the grounds for divorce. If one of the spouses changes his or her mind, collusion could be raised to lessen the original grounds for the fault divorce.

Proving any of these defenses can be costly, timely, and often involves the use of witnesses. Furthermore, courts have an interest in not forcing people to stay married who don't want to be married, and so usually grant divorces to people who ask, despite defenses given by the other spouse. These reasons typically defer people from attempting defenses.
Residency Requirements for Filing for Divorce
Because state laws vary regarding fault divorce and no fault divorce, it is important to understand where you or your spouse could potentially file for divorce. Most states have a residency requirement, meaning that at least one of the spouses must have been a resident of that state for a specified length of time--usually six months to one year--in order to file for divorce there. However, Washington, South Dakota, and Alaska have no required length of time. To file in one of those states, you merely need to be a resident of that state at the time you are filing.
It is in your best interest to have your divorce filed in the state you are living in. Divorce proceedings often take more than one court visit and you will have to bear the expense and burden of traveling. Also, whichever court orders the divorce decree is the same court that must hear all other matters, including changes. For example, if your spouse files for and receives a divorce in Illinois, and the two of you want to revise your child custody arrangement, you must return to that Illinois court that granted the initial divorce. If you live in Missouri, this could cause you years of inconvenient and expensive interstate travel.
Divorce Orders of One State, Valid in All States
Courts of all states like to honor decisions made by courts of other states, because courts want the same respect paid to their decisions. Therefore, going back to the preceding example, if your spouse files in Illinois, this divorce and all of the court orders related to it, apply to you in your Missouri home.
However, the court may not have personal jurisdiction over the nonresident spouse at the time of the divorce proceeding, rendering certain court decisions invalid. A court gets jurisdiction over someone by that person being present in the state when he or she is personally served with the divorce papers, or when he or she consents to the jurisdiction by appearing at the court proceedings, signing off on receiving the legal papers, or fulfilling a court-ordered duty. A lack of personal jurisdiction means that although the divorce decree is valid, other related decisions, such as child custody, support, and property division, may be invalid.
It is always best to consult an attorney if you receive documents from a foreign state, but especially if you receive papers from a foreign country. There are many jurisdictional issues, such as what country is involved, where the spouses live or have lived, and where the children (if any) live. A lawyer will be the best person to help you sort through all of these issues and advise you on what to do.
Next Steps: Have your Divorce Case Reviewed for Free
The concepts of a no fault divorce and a fault divorce are state-specific and can also be confusing. If you aren't sure of the laws in your jurisdiction, your best course of action is to speak with an experienced divorce lawyer. A divorce lawyer will go over the laws of your state and provide you with a free initial case review at no obligation.

Where to Get Help for Child Abuse

Children need love and support, which is why child abuse is so devastating. Knowing where to get help for child abuse (and summoning the courage to do so) can be difficult, but resources are available. Abused children may require counseling, help from child protective services (CPS), legal advocacy, or other assistance. Also, child abuse cases are tried in criminal courts, while decisions directly affecting the welfare of a child are typically handled in family court.
This article focuses on where to get help for child abuse, regardless of whether the crime has been reported. See How to Report Child Abuse to learn how to notify the proper authorities if you or a loved one has been victimized. See FindLaw's Child Abuse section for more articles and resources.
How to Recognize Child Abuse
Child abuse victims often are too scared or ashamed to tell anyone about their ordeal. Additionally, they may encounter skepticism if they do tell someone (especially if the alleged abuser is a relative or family friend). Other victims may be in denial despite showing signs of abuse, perhaps conditioned to believe that abuse is a normal part of childhood. Some of the warning signs of child abuse include:

• Unexplained burns, cuts, or bruises;
• Internal injuries or broken bones;
• Extreme thirst or hunger;
• Far-fetched stories about how injuries were sustained;
• Lack of cleanliness or personal hygiene; and
• Unusual knowledge of sex at a young age.

Trustworthy adults, especially those considered "mandatory reporters," can help abused children get the protection and emotional support they need. Here are some tips:

• Call a child abuse prevention organization such as Childhelp, via the Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453) for more information and next steps.
• Don't jump to conclusions: kids often get banged up when they play (or get into fights with peers).
• Encourage the child to document the incidents of abuse and to tell as many other trusted adults as possible.
• If you are the alleged victim's parent or legal guardian, schedule the child for a doctor's exam and/or psychiatric evaluation.

Reporting Child Abuse
The best way to stop child abuse is to report it to local authorities, who will conduct an investigation and potentially prosecute the abuser. Organizations dedicated to preventing may also have helpful resources and information. See How to Report Child Abuse for more details.
Child Advocacy Centers
If a case is filed, the abused child (and non-abusing family members) may need the help of a children's advocacy center (CAC). CACs are publicly funded entities that work with local police and CPS officials to help abused children get the care and services they need. Even in instances where police and CPS fail to take action (perhaps for lack of evidence), CACs can help facilitate a forensic interview, take photos, collect evidence, and provide medical care. Often the evidence gathered by CACs is presented to prosecutors for consideration.
See the Department of Health and Human Services' Child Advocacy Centers section to learn more.
Getting Out of an Abusive Environment
While the criminal justice system will handle a case against an alleged abuser, family courts generally address a child's welfare. This may include placement in a foster home; counseling services; or, if the abuse was at the hands of a custodial parent, termination or restriction of visitation rights.
In some child abuse or neglect cases—such as a mother leaving a child in the car while making a quick grocery stop—the offending parent may temporarily have to report to a social worker. But children in imminent danger of abuse are usually removed and placed temporarily in a foster home until authorities determine that the home is safe for the child. In extreme cases where this does not happen, the child may be permanently removed from the home and placed for adoption with another family.
For more information about where to get help for child abuse and how to report the crime, see Child Abuse Cases and Child Abuse Information by State.
Need More Help? Get A Free Review Of Your Situation Today
One of the reasons people may not report child abuse is out of fear that it will break up a family and result in the child's placement in foster homes. However, child abuse itself breaks up a family and there are a variety of possible outcomes that could result from reporting abuse, all of which would be in the child's best interest. It's never too late to act and there are family law attorneys in your area who can provide you with a free and confidential review of your situation.

How to Report Child Abuse

Child abuse can take many different forms—physical, emotional, and sexual—but it always causes harm to the child. Each state has slightly different child abuse laws and procedures for prosecuting charges like assault and battery or child endangerment. To fight child abuse, it\’s important to look out for the telltale signs of abuse, including unexplained bruises or injuries, withdrawal from peers, and fear of going home. Once you suspect a child is being abused, knowing how to report child abuse and making the report is the key to ending the abuse.
Teachers, physicians, counselors, clergy, and other adults who have regular access to children are considered "mandatory reporters" of child abuse in most states. In other states, anyone suspecting abuse is a mandatory reporter. Failure to report by a mandatory reporter or the filing of false reports by anyone can be a crime punishable by a fine and/or jail sentence. Anyone who believes a child is being abused should report it to authorities. Here's how:
How to Report Child Abuse: State Procedures
In most states, the process begins with an anonymous phone call from the child or a relative, parent, witness, or mandatory reporter. The authorities who take the call will ask questions about what happened or what was observed. The authorities will ask additional questions to determine the credibility of the allegations. If a formal report is taken, a Child Protective Services worker will begin an investigation. The investigation may involve speaking with the child, his or her family, and other adults in the child\’s life. The following is a sampling of state child abuse reporting procedures:

• California – California Child Protective Services will determine whether an in-person response is necessary after the initial report. To report child abuse or neglect, call your county's emergency response hotline.
• Illinois – Investigations into child abuse must be opened within 24 hours of the report or sooner if the child is in risk of imminent harm. Roughly 1 in 4 hotline calls result in a formal report and investigation.
• Texas – Anyone who suspects child abuse is required to report it to the state's Department of Family and Protective Services, which records the names of reporters but keeps them confidential. The time frame for investigations vary by the severity of the allegations.

To contact the agency responsible for receiving and investigation child abuse & neglect reports in your state, visit the list of phone numbers and web addresses of state agencies maintained by the Child Welfare Information Gateway.
Reporting Child Abuse: Federal Assistance
As with most crimes against individuals, child abuse is prosecuted in state courts. However, the U.S. Department of Health & Human Services (HHS) provides support through its Child Welfare Information Gateway, which promotes the Childhelp National Child Abuse Hotline. The hotline provides anonymous crisis assistance, counseling, and referral services 24 hours a day, 7 days a week at 1-800-422-4453.
Knowing how to report child abuse is extremely important, especially since it usually occurs behind closed doors. See FindLaw\’s Child Abuse Laws and Child Abuse Resources sections for more information.

Do's and Don'ts: False Allegations of Child Abuse

As public awareness of child abuse increases, more and more reports of possible abuse are being made. Conscientious reporters are taking the necessary first steps to protect children. Not all reports of abuse are substantiated, however. Sometimes, even when the reports are made in good faith, further investigation reveals that the accusations are not true. In yet other situations, false allegations are intentionally raised in order to harm the subject of the allegations, such as in a bitter divorce in which custody of the children is contested. If you find yourself the victim of false allegations, whether from a well-meaning source or an embittered spouse or ex-spouse, you need to take immediate counter-action. The following tips, together with expert legal counsel, can head you in the right direction.

THE DO's

DO attempt to prevent the possibility of false allegations by avoiding being with children without another adult present. Day care workers, scout leaders, coaches, and others who could be the target of false allegations can lessen the likelihood of those charges sticking by having another adult present who can corroborate that nothing inappropriate happened.
DO attempt to resolve custody disputes amicably in order to avoid the possibility of an angry spouse or former spouse using false allegations as a means of punishment or obtaining custody.
DO avoid engaging in any conduct that could be deemed inappropriate when dealing with children, such as making sexually suggestive comments, telling dirty jokes, rough-housing, or engaging in overly aggressive horseplay.
DO hire an experienced attorney if someone levies false allegations against you. Even if you trust that the truth will prevail, or that the accuser will calm down and retract the accusations, it is imperative that you consult with an attorney who knows the legal issues and system involved and can safeguard your interests.
DO educate yourself about the subject of false allegations of child abuse so that you have a greater understanding of the situation, can protect yourself, and can work as a partner with your attorney.
DO contact your attorney with questions and concerns, and keep him or her apprised of developments in your situation.
DO contact friends, neighbors, co-workers, and family members who may be willing to testify on your behalf, either by written affidavit or in court.
DO maintain your positive relationships with your children when the allegations arise out of a custody dispute, and understand that the children are not responsible for the false allegations and resulting turmoil. Even if they say the words that support the allegations, understand that false accusations can be planted in children's minds through no fault of their own.
DO appreciate that allegations of child abuse must be taken seriously and investigated. Even though you know that in your case the accusations are groundless, in many cases they are not, so in the interests of all children further investigation is generally necessary.

THE DON'Ts

DON'T abuse your children, or any others, physically, emotionally, or sexually.
DON'T put yourself in any unnecessary situations that could give rise to suspicion, such as by accompanying children to the bathroom, helping them change clothes, or bathing them. If your job requires such activities, it is always best if another adult is present during all circumstances that could be wrongly interpreted.
DON'T be passive if false accusations are raised. Take immediate action to protect yourself.
DON'T be afraid to ask your attorney questions before retaining him or her, and as your case progresses.
DON'T admit to anything you did not do, even if may seem simpler to do so. A conviction for child abuse has long-lasting, far-reaching implications, and can have an adverse effect on future employment, future relationships, and your future in general.
DON'T lose your temper with the authorities involved in your case. As angry as the situation may make you, losing control could be used as evidence to support the allegations.
DON'T give up. It may be the ugliest battle of your life, but overcoming and disproving false allegations of child abuse is without a doubt worth the effort.
Next Steps: Get a Free Case Review from a Legal Expert
If you've been falsely accused of child abuse allegations by a spouse, family member, or mandated reporter, you likely have many questions. While this can be a devastating time for you, let a legal expert assist you along the way. A family law attorney with the necessary background and experience can review your case free of charge and help you devise a plan of action going forward.

Child Abuse Information by State

Information on child abuse doesn't have to be difficult to find if you know where to look. Federal legislation provides guidance to states, and states must make their own criminal and civil statutes within the confines of federal law. Although child abuse is a nationwide problem, child abuse laws vary from state to state. Therefore, it is important to turn first to your own state laws and resources when educating yourself on the subject. Here you will find a wide variety of information regarding child abuse including: child abuse hotlines, child protective services, and reporting guides organized by state.
National

• Child Welfare Information Gateway (U.S. Department of Health and Human Services)
• Recognizing Child Abuse and Neglect: Signs and Symptoms
• MedlinePlus: Child Abuse (National Library of Medicine)
• Child Abuse Manual [PDF] (U.S. Army Community and Family Support Center)

Alabama

• Alabama Child Abuse and Neglect Prevention Board
• Child Abuse FAQs (Alabama Department of Human Resources)

Alaska

• Reporting Child Abuse and Neglect in Alaska (State of Alaska - Office of Children's Services)

Arizona

• Child Protective Services (Arizona Department of Economic Security - Division of Children, Youth, and Families
• Categories of Abuse and Neglect (Division of Children, Youth, and Families)
• Office of Prevention and Family Support

Arkansas

• Arkansas Child Abuse and Neglect Prevention Board

California

• Abuse & Neglect: Information for Parents (Judicial Council of California)
• Juvenile Dependency Forms

Colorado

• Tennyson Center for Children

Connecticut

• Reporting Child Abuse and Neglect Q&A (Department of Children and Families)

Delaware

• Learn the Signs of Child Abuse (Department of Services for Children, Youth, and Their Families)
• The Professionals' Guide to Reporting Child Abuse and Neglect (DSCYF brochure) [PDF]
• Child Abuse/Neglect Mandatory Reporting Form

District of Columbia

• Counsel for Child Abuse and Neglect (CCAN) Office (District of Columbia Courts)
• Plan for Furnishing Representation in Neglect Proceedings in the District of Columbia [PDF] (District of Columbia Courts)
• Superior Court of the District of Columbia Child Abuse and Neglect Attorney Practice Standards[PDF] (District of Columbia Courts)
• Juvenile and Neglect Branch (District of Columbia Courts)

Florida

• Florida Abuse Program (Department of Children & Families)
• DCF Forms
• A Parent's Guide to Juvenile Dependency Court

Georgia

• Ways To Prevent Child Abuse [PDF]
• How To Report Child Abuse or Neglect (Department of Family and Children Services)

Hawaii

• Hawai'i Children's Justice Centers (Hawai'i State Judiciary)

Idaho

• Child Protection (Idaho Supreme Court)

Illinois

• Guide for Parents to Juvenile Court Abuse and Neglect Proceedings [PDF] (Illinois State Bar Association)
• Child Protection (Illinois Department of Children & Family Services)

Indiana

• Bureau of Family Protection and Preservation (Indiana Family and Social Services Administration)
• Do I have to report suspected child abuse? (Indiana Legal Services)

Iowa

• Child Abuse: Guide for Mandatory Reporters [PDF] (Iowa DHS)

Kansas

• Child Abuse Report Guide [PDF] (Kansas DCF)

Kentucky

• Juvenile Dependency, Neglect and Abuse Petition [PDF] (Kentucky Court of Justice)

Louisiana

• Reporting Child Abuse or Neglect FAQ (Louisiana Department of Social Services)
• Louisiana Children's Trust Fund

Maine

• Child Protection (MN Child and Family Services)
• Maine Caring Families (Child Welfare Training Institute)

Maryland

• Petition For Protection From Domestic Violence/Child Abuse/Vulnerable Adult Abuse(District Court of Maryland)
• Dictionary (for Use With Petition For Protection from Domestic Violence, Child Abuse, and Vulnerable Adult Abuse) [PDF]

Massachusetts

• Child Abuse and Neglect (Massachusetts Department of Social Service )

Michigan

• A Model Child Abuse Protocol - DHS Pub-794 [PDF] (Michigan Department of Human Services)
• Childhelp Michigan

Minnesota

• Reporting Child Abuse and Neglect: A Resource Guide to Mandated Reporters [PDF] (Minnesota Department of Human Services)

Mississippi

• Child Protective Services (CPS) (Division of Family and Children Services)

Missouri

• Child Abuse and Neglect (University of Missouri Extension)
• Child Protection Forms (Missouri Judiciary)

Montana

• What Happens Next? A Guide to the Child & Family Services Division (CFSD) [PDF] (Montana Child & Family Services Division)

Nebraska

• Guide for Foster Parents and Relative Caregivers [PDF] (University of Nebraska-Lincoln)

Nevada

• Child Protective Services (Clark County Dept. of Family Services)

New Hampshire

• Child Sexual Abuse (New Hampshire Coalition Against Domestic and Sexual Violence)

New Jersey

• Child Abuse and Neglect FAQs (Hudson Vicinage - Family Division)
• New Jersey Division of Youth and Family Services

New Mexico

• Definitions of Abuse & Neglect
• Reporting Child Abuse New Mexico Youth and Families Department

New York

• Child Protective Forms (New York State Unified Court System)
• Prevent Child Abuse New York
• Shaken Baby Syndrome (New York Department of Health)

North Carolina

• Child Protective Services

North Dakota

• North Dakota Child Protection Program (North Dakota Department of Human Services)
• CPS Factsheet [PDF]
• Report of Suspected Child Abuse or Neglect [PDF]
• Protective Service Alert Report [PDF]
• Understanding the Indian Child Welfare Act (ICWA) [PDF] (North Dakota Department of Human Services)

Ohio

• Protective Services (fact sheet) [PDF] (Ohio Department of Job and Family Services)
• What to do if a Child Reports Abuse or Neglect [PDF] (Ohio Department of Job and Family Services)
• You Can Help Prevent Child Abuse [PDF] (Ohio Department of Job and Family Services)

Oklahoma

• Child Protective Services Unit (Oklahoma Department of Human Services)

Oregon

• Child Abuse & Neglect (Oregon Department of Human Services)
• Child Abuse & Neglect Risk Factor Checklist [PDF]
• What You Can Do About Child Abuse [PDF]

Pennsylvania

• Child Abuse Reports

Rhode Island

• Risk Factors - Repeat Allegations of Abuse or Neglect (Rhode Island Department of Children, Youth and Families)

South Carolina

• Child Protective Services (South Carolina Department of Social Services)

South Dakota

• Report Abuse and Neglect (South Dakota Child Protection Services)
• Child Abuse and Neglect Mandatory Reporting (South Dakota Child Protection Services)

Tennessee

• Tennessee Department of Children's Services
• Child Abuse Reporting
• Preventing Sexual Abuse of Children [PDF] (University of Tennessee Extension)

Texas

• Child Abuse [PDF] (State Bar of Texas)
• What Can We Do About Child Abuse? (Texas Attorney General)

Utah

• Prevent Child Abuse Utah
• Child Abuse Prevention (Division of Child and Family Services)

Vermont

• Reporting Child Abuse (Vermont Department for Children and Families)
• How to Report Suspected Child Abuse & Neglect [PDF]

Virginia

• Child Abuse & Foster Care Prevention (Virginia Department of Social Services)

Washington

• What is Child Abuse and Neglect? (Washington Department of Social and Health Services)

West Virginia

• Reporting Child Abuse and Neglect (West Virginia Department of Health and Human Resources)

Wisconsin

• Child Abuse Restraining Orders/Injunctions (Juvenile Court) (Wisconsin Circuit Courts)

Wyoming

• Mandatory Reporting of Child/Vulnerable Adult Abuse/Neglect/Exploitation (Wyoming Department of Family Services)
• How to Make a Report [PDF]
• Signs and Symptoms of Abuse/Neglect/Exploitation [PDF]
• Wyoming Division of Victim Services

Get The Help You Need With A Free Case Review
Child abuse is a tragic epidemic that can scar a child for the rest of his or her life. While only the abuser is responsible for the abuse, what allows it to continue is inaction by others who may see the warning signs. Don't take a chance with a child's life and future. While law enforcement can provide immediate assistance, what's ultimately needed is a long-term solution and that's where a family law attorney can help. Contact one today for a free initial evaluation of your case.

Child Abuse Laws State-by-State

All states have child abuse laws that are designed to help protect children at each stage in the timeline of abuse. For the first stage, states have implemented mandatory and permissive reporting laws – with immunity (and in most states, anonymity) granted to reporters of known or suspected child abuse. Mandatory and permissive reporting laws help to raise awareness of child abuse and bring the authorities in early to intervene. The second stage of child abuse laws are definitional in nature. States differ quite a bit on what constitutes child abuse, especially when it comes to exemptions.
At the third stage comes administrative services, where the courts work with social services to determine a safe and supportive environment for the child if the child is to be taken away from his or her family. Each state has vastly different statutory law and case law, and much of this process is up to the discretion of a judge, so if you have an issue at this stage of the process, it is critical that you seek the help of a qualified attorney.
Below is a sampling of the variety of child abuse laws, and how they vary state-by-state.

Alabama	Statute defines child abuse as harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury against a child under the age of 18. Statute contains an exemption for religious reasons for a parent's failure to obtain medical help for the child.
Alaska	Statute defines child abuse as harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury of a child under the age of 18. Statute contains an exemption for religious reasons for a parent's failure to obtain medical help for the child.
Arizona	Statute defines child abuse as inflicting or allowing physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment of a child under the age of 18. Statute contains an exemption for Christian Scientists or unavailability of reasonable resources for a parent's failure to obtain medical help for the child.
Arkansas	Statute defines child abuse as intentionally, knowingly, or negligently without cause inflicting physical abuse, neglect, sexual abuse, sexual exploitation, abandonment or emotional/mental injury of a child under the age of 18. Statute contains exemptions for poverty or corporal punishment.
California	Statute defines child abuse as inflicting by non-accidental means physical abuse, neglect, sexual abuse, or sexual exploitation of a child under the age of 18. Statute contains exemptions for religion, reasonable force, and informed medical decision.
Colorado	Statute prohibits threats to a child's health and welfare due to physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemptions for corporal punishment, reasonable force, religious practices, and cultural practices.
Connecticut	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemption for Christian Scientists.
Delaware	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemption for religion.
District Of Columbia	Statute prohibits persons from inflicting and requires people to take reasonable care not to inflict injuries involving physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemption for poverty and religion.
Florida	Statute prohibits willful or threatened act that harms or is likely to cause harm of physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion, poverty, or corporal punishment.
Georgia	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, or sexual exploitation. Statute contains exemption for religion and corporal punishment.
Hawaii	Statute prohibits acts or omissions resulting in the child being harmed or subject to any reasonably foreseeable, substantial risk of being harmed with physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Idaho	Statute prohibits conduct or omission resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemption for religion.
Illinois	Statute prohibits persons from inflicting, causing to be inflicted, or allowing to be inflicted, or creating a substantial risk, or committing or allowing to be committed, physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion, school attendance, and plan of care.
Indiana	Statute prohibits act or omission resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion, prescription drugs, or corporal punishment.
Kentucky	Statute prohibits harm or threat of harm, or infliction or allowance of infliction of physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion.
Maryland	Statute prohibits harm or substantial risk of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Michigan	Statute prohibits harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion.
Mississippi	Statute prohibits persons from causing or allowing to be caused physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemption for religion and corporal punishment.
Nebraska	Statute prohibits knowingly, intentionally, or negligently causing or permitting physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
New Mexico	Statute prohibits knowingly, intentionally, or negligently causing or permitting physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemption for religion.
North Dakota	Statute prohibits serious harm caused by non-accidental means resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains no exemptions.
Oklahoma	Statute prohibits harm or threat of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion or corporal punishment.
Pennsylvania	Statute prohibits recent act or failure to act resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion or poverty.
South Dakota	Statute prohibits threat with substantial harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains no exemptions.
Tennessee	Statute prohibits persons from committing or allowing to be committed physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Utah	Statute prohibits harm or threat of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Washington	Statute prohibits harm of health, welfare, or safety resulting from physical abuse, neglect, sexual abuse, or sexual exploitation. Statute contains exemptions for Christian Scientists, corporal punishment, or physical disability.
Wyoming	Statute defines child abuse as inflicting or causing of physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means including abandonment, excessive/unreasonable corporal punishment, malnutrition, intentional or unintentional neglect or the commission of a sexual offense.

• Detailed State-by-State Information on Child Abuse Laws (FindLaw's State Laws)

Looking for Help with a Child Abuse Case? Get a Free Case Review

Child abuse is a very serious issue and often there are observable warning signs before the abuse gets worse. However, sometimes these signs may not be as obvious or may not appear to be that serious. The good news is that an experienced family law attorney can help you determine whether any warning signs are concerning and, if so, what options are available in your state to protect your children. Don't wait until its too late. Get in touch with an attorney today for a free initial review of your case and to figure out your next steps.

Child Abuse Cases

Child abuse occurs when a parent or caretaker physically, emotionally, or sexually abuses, neglects, or abandons a child. Laws regarding child abuse seek to protect children, while at the same time allowing parents the right to raise and discipline their children as they see fit. Controversies over child abuse laws can arise when parents or guardians feel that the government is interfering in their private family lives or have removed a child from the home unnecessarily.
History of Child Abuse in the United States
Child abuse has a lengthy history. Children have been subject to abuse by their parents or other adults since presumably the beginning of time. For many centuries laws failed to protect children from abuse. Children under English common law were considered the property of their fathers, as women were considered property of their husbands, until the late 1800s. American colonists in the 16th and 17th centuries carried the tradition of children being property of their fathers to the early years of the United States.
In the early 1870s, child abuse captured the nation's attention with news that an 8 year old orphan named Mary Ellen Wilson was suffering daily whippings and beatings at her foster home. With no organization in existence to protect abused children, the orphan's plight fell to attorneys for the American Society for the Prevention of Cruelty to Animals (ASPCA). These attorneys argued that laws protecting animals from abuse should not be greater than laws protecting children. Mary Ellen Wilson's case went before a judge, who convicted the foster mother of assault and battery and gave her a 1 year sentence. More significantly, the orphan's case generated enough outrage over child abuse that in 1874, citizens formed the New York Society for the Prevention of Cruelty to Children.
Child abuse captured the country's attention again in 1962, when an article appearing in the Journal of the American Medical Association described symptoms of child abuse and deemed child abuse to be medically diagnosable. Within 10 years, every state had statutes known as "mandatory reporting" laws. Mandatory reporting laws require certain professionals, such as doctors and teachers, to report suspected child abuse to the state child protective services agency or other proper authorities. A 1974 federal law, the Child Abuse Prevention & Treatment Act (CAPTA), further bolstered efforts to eliminate child abuse by funding programs to help individuals identify and report child abuse and to provide shelter and other protective services to victims. However, child abuse continues despite these and subsequent child abuse prevention laws.
Child Abuse in the United States Today
Child abuse is more common than many people care to believe. In the United States each year more than 3 million reports of child abuse are made which involve almost 6 million children. Each day 4 or 5 children are killed by child abuse or neglect. Children whose parents abuse alcohol & drugs are 3 times more likely to be abused and ;4 times more likely to be neglected than other children.
For more information on what to do if you suspect child abuse, see the Where to Get Help for Child Abuse article or check the resources available in your state.
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If you or a loved one has been affected by child abuse, make sure you get immediate help by calling the authorities and getting to a safe space. But regardless of your specific role, or alleged commission of child abuse, it's always important to explore to legal options. Get an initial case evaluation at absolutely no charge.