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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
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      • Defense Of Protective Orders
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The Attorneys at Dixon & Moseley, P.C.

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  5. Three Key Mistakes to Avoid in Child Custody Trials

Three Key Mistakes to Avoid in Child Custody Trials

On Behalf of Dixon & Moseley, P.C. | Nov 17, 2016 | Custody Modification

Children are literally our future. When parties divorce or in paternity actions or subsequent custody modifications, most litigants (Mothers and Fathers) make three key mistakes multiple times. Sometimes this impacts their custody objective and causes negative outcomes when they are avoidable. This blog explores these three key mistakes and how to avoid them.

  • The first is testifying in terms of “absolutes” or without qualification. Everyone has done something they are not proud of or that is illegal or both. In the acidic nature of divorce proceedings, most litigants get asked questions about these events even if they play little or no role on a court’s decision about custody in the child’s best interests.However, by failing to admit to a fact or circumstances that are obviously true, such as smoking marijuana, trial court judges who are wise and know otherwise then may doubt the rest of the testimony (that actually matters to the custody case). Thus, being brutally honest in trial is the way to be the most believable to the custody objective. If you did it, own it!
  • Second, in the high-stakes of child custody litigation, human nature makes most litigants vilify the other parent—as if he or she did not have any redeeming qualities or positive parenting attributes. This is obviously inconsistent with what brought the parties together in the first case in most circumstances.Thus, the mother or father who can admit the qualities of the other parent while making his or her case for custody is the party who is likely to be most credible to the judge; this goes a long way to meeting his or her custody objectives so long as this in the child’s best interests. All parents have good qualities. Admit them.
  • Third, and perhaps the most significant downfall of litigants in child custody disputes is to come to court and present a laundry-list of failures of the other parent; but then he or she does not tie this to why custody should be maintained or modified in connection with his or her requests of the court and why such is in the child’s best interests.What does this mean? If you are seeking to maintain or modify custody, come to court with a concrete plan of why it is necessary and in the child’s best interests. If you are seeking a modification of custody, be able to articulate to the court how you will care for the child while at work and what you propose to be the other parent’s parenting time. So don’t ask for the same to remain or a change to occur without explaining to the Court why this is in the child’s best interests.
  • This blog is written by attorneys at Dixon & Moseley, P.C. who handle child custody modification throughout the state of Indiana and handle cases in all Indiana counties and appeals to the Indiana Court of Appeals and Indiana Supreme Court. This blog is written for informational and educational purposes only and is not legal advice or a solicitation for legal services. It is an advertisement. We hope find this blog informational to make you a more educated citizenry about Indiana’s lawyers and judicial system available to you.

    What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    Recent Posts

    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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