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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
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  5. When Interfering with Parenting Time Can Backfire and Result in A Custody Modification

When Interfering with Parenting Time Can Backfire and Result in A Custody Modification

On Behalf of Dixon & Moseley, P.C. | Feb 21, 2017 | Custody Modification

Indiana’s elected judges are tasked with the important job of weighing the evidence of the parties’ positions when presented with a custody modification case or contempt of court for a wide range of circumstances, such parenting time interference. In a recent key dissent (from granting transfer [i.e., taking the case by its discretion]), the Indiana Supreme Court1 signaled that when the facts can support but one conclusion—a parent has intentionally interfered with parenting time–such continual interference itself can establish a substantial change to lead to a modification of custody. This case is important for three key reasons.

First, a parent who is denied parenting time on a regular basis or as part of a pattern may establish a substantial change in the parties’ interrelationships and negatively impact the child’s best interests.  What this mean is where a parent can weave together a pattern of allegations or other inappropriate actions that interfere with a parent’s fundamental right to rear his or her child, this fact alone may warrant modification of custody to the parent who has been wrongly denied parenting because this itself may establish a change in the parties’ interrelationships.

Second, while a trial court judge is charged and has a constitutional duty to weigh the evidence as the fact-finder, if the evidence only leads to one conclusion, a trial court judge abuses his or her discretion or his or her judgment is clearly erroneous and subject to reversal by a higher court, namely the Indiana Court of Appeals or Indiana Supreme Court.

Third, this case broadly illustrates that while there several statutory factors a trial court must consider in each custody modification case, this alone is not an exclusive list.  Any pattern or even a single event may with the proper showing create a basis for custody modification.  This means the Indiana Dissolution Act and Paternity Act are flexible to meet a child’s best interests and ensure a parent’s relationship with his or her child, notwithstanding bad acts on the part of the other parent.

This is the factually delicate and sensitive world of family law the family law counsel may help you develop to present your best case in court. We hope you find this blog post useful in understanding the careful role of Indiana Trial Court judges and watchful eye of higher courts.  This blog was written by attorneys at Dixon & Moseley, P.C. who handle complex family law cases of all types throughout the State. This blog is not intended as specific legal advice or a solicitation of services.  It is an advertisement.

  • Montgomery, 10A01-1511-DR-1910 (Ind., 2007, minority dissent).
  • Can a Child Choose Which Parent to Live With in Indiana?

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

    In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented…

    Indiana Protective Orders Explained: A Guide to the Indiana Civil Protection Order Process

    On Behalf of Dixon & Moseley, P.C. | Jan 22, 2026 | Uncategorized

    Protective orders in Indiana are designed to protect individuals from domestic violence, stalking, harassment, and threats. Whether you are seeking a protective order or have been served with one, understanding Indiana’s protective order laws is essential to protecting your rights and avoiding serious legal consequences.   What Is a Protective Order? A protective order is a civil court order issued…

    What Is a Custody Evaluation in Indiana—and When Is It Used?

    On Behalf of Dixon & Moseley, P.C. | Jan 20, 2026 | Uncategorized

    When parents cannot agree on legal custody, physical custody, or parenting time, Indiana courts have several tools available to help determine what arrangement best supports the child’s well‑being. One of the most significant of these tools is a custody evaluation. Although not required in every case, custody evaluations can play a pivotal role when disputes are complex, high‑conflict, or involve…

    The Final Verdict Before Trial: Understanding Summary Judgment in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jan 15, 2026 | Uncategorized

    When you enter a civil lawsuit, your immediate concern is often the trial. However, many cases, even high-stakes litigation, may never see a jury. Instead, they are decided much earlier through a powerful pre-trial procedure known as Summary Judgment. This motion is a critical battleground in Indiana courts and understanding its purpose and standard is essential for every client.  …

    Guide to Child Relocation in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jan 13, 2026 | Uncategorized

    Making the decision to move, whether it’s for a new job, to be closer to family, or for a fresh start, is often exciting, but it becomes complicated quickly when children are involved in a case with established custody or parenting time orders. In Indiana, moving with children is not a simple choice; it is a serious legal procedure governed…

    Should I Appeal my Court Case?

    On Behalf of Dixon & Moseley, P.C. | Jan 8, 2026 | Uncategorized

    If you believe the outcome of your case is unfair or incorrect, you may have the option to file for an appeal. The appellate process in Indiana differs significantly from the trial court procedures you may have experienced. Below is an overview of key points you should know: Timeline: In Indiana, you have 30 days from the date of the…

    Living Together: Why Unmarried Couples Need a Cohabitation Agreement

    On Behalf of Dixon & Moseley, P.C. | Jan 5, 2026 | Uncategorized

    Couples living together without the formality of marriage, otherwise known as cohabitation, is increasingly common in Indiana and across the country. While moving in with a partner is an exciting step, it’s critical for couples to understand a core legal reality: Cohabitation does not grant the same rights and protections as marriage in Indiana. For unmarried partners, a Cohabitation Agreement…

    Understanding the 4th Amendment and Indiana Article 1, Section 11: Protection Against Unlawful Searches and Seizures

    On Behalf of Dixon & Moseley, P.C. | Dec 18, 2025 | Uncategorized

    If you ever find that you were subjected to an unlawful search or seizure, it’s crucial to understand your rights and take action to protect them. Two key provisions, the 4th Amendment of the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution, serve as vital protections for individuals against unreasonable searches and seizures by the government. Both…

    Decoding Discovery: What You Need to Know as a Client in an Indiana Lawsuit

    On Behalf of Dixon & Moseley, P.C. | Dec 11, 2025 | Uncategorized

    Being involved in a lawsuit, whether as a plaintiff or a defendant, can feel overwhelming. Once the initial pleadings are filed, you enter a crucial phase called Discovery. This is often when you, the Plaintiff or Defendant, start getting asked detailed questions and asked to provide documents. It’s normal to feel confused or even defensive about these requests, but understanding…

    Can I Get Visitation with My Grandchildren After Their Parents Divorce?

    On Behalf of Dixon & Moseley, P.C. | Dec 7, 2025 | Uncategorized

    Divorce can be a complicated journey, filled with tough decisions about custody, finances, and even who gets to keep the family pet. However, one critical aspect often overlooked is the impact of divorce on grandparent visitation rights. How will grandparents maintain their cherished relationships with their grandchildren once the dust settles? In Indiana, the Grandparent Visitation Act (IC §31-17-5-1) provides…

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