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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. 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).
  • Summer Parenting Time

    On Behalf of Dixon & Moseley, P.C. | Mar 26, 2024 | Uncategorized

    REMINDER SUMMER PARENTING TIME SELECTIONS DUE BY APRIL 1ST IN INDIANA AND 8 STRATEGIES FOR SELECTION OF SUMMER PARENTING TIME Summer vacation offers a unique opportunity for children and their parents to spend quality time together, but for separated or divorced families, planning can be complex. The Indiana Parenting Time Guidelines, like those in many jurisdictions, aim to ensure that…

    Dividing Businesses, Investments and Real Property in Divorce

    On Behalf of Dixon & Moseley, P.C. | Feb 12, 2024 | Uncategorized

    In the complex world of divorce, high asset cases in Indiana present a unique set of challenges and opportunities. As attorneys focusing in family law at , we’ve seen the impact a well-navigated divorce can have on the future well-being of all involved parties. High asset divorces aren’t just about large sums of money or property; they’re about carefully untangling…

    Demystifying the Indiana Child Support Obligation Worksheet: Expert Insights from Our Attorneys

    On Behalf of Dixon & Moseley, P.C. | Dec 4, 2023 | Uncategorized

    When parents decide to divorce or separate, figuring out the financial dynamics, especially concerning child support, becomes paramount. In Indiana, child support determinations are aided by the Indiana Child Support Obligation Worksheet. Our experienced attorneys have come together to break down the intricacies of this worksheet, offering a clearer perspective for parents navigating this path.   What is the Indiana…

    5 ways co-parents can keep the peace during the holidays

    On Behalf of Dixon & Moseley, P.C. | Nov 16, 2023 | Uncategorized

    The holidays are a time to make lasting memories with your kids. After a divorce or separation, knowing how to celebrate can be challenging, but many co-parents are finding ways to create new traditions and make it a joyous season all the same. Inevitably, the holidays will feel and look a little different for kids and adults, but it doesn’t…

    The Intersection of Family Law and Mental Health

    On Behalf of Dixon & Moseley, P.C. | Oct 19, 2023 | Uncategorized

    In today’s complex world, the interconnected nature of family law and mental health is more apparent than ever. Our law firm, deeply committed to the wellbeing of families in Indiana, continuously seeks to shed light on this pivotal intersection. This article delves into how mental health issues can significantly impact various aspects of family law, including marriage, divorce, child custody,…

    Dividing Fall Break for Shared Custody Families in Indiana

    On Behalf of Dixon & Moseley, P.C. | Oct 5, 2023 | Uncategorized

    Across Indiana, families eagerly anticipate fall break, a great opportunity to spend quality time together. But for families navigating shared custody, dividing this time can pose unique challenges. Striking a balance that ensures a fulfilling and fun break for the children, while also being fair to both parents, requires effective communication and planning. Here’s a guide to help shared custody…

    Misdemeanors vs. Felonies in Indiana: A Comprehensive Breakdown by Our Expert Attorneys

    On Behalf of Dixon & Moseley, P.C. | Oct 5, 2023 | Uncategorized

    Understanding the legal landscape, especially concerning criminal charges, is crucial for anyone facing the Judicial System or simply wanting to be informed. In Indiana, as in many states, criminal offenses are categorized primarily into misdemeanors and felonies. Our experienced attorneys are here to delineate the key distinctions between these two categories, offering a clearer lens through which Indiana residents can…

    Attorneys tell all about protective orders in Indiana

    On Behalf of Dixon & Moseley, P.C. | Aug 15, 2023 | Uncategorized

    Safety and peace of mind are priceless. However, most of us don’t give them a second thought on a day-to-day basis. No one expects to find themselves in a dangerous or potentially harmful situation – but it can happen to anyone. And for those times, the Indiana Civil Protective Order Act is there to help protect you.  It is important…

    I am Getting Divorced in Indiana. How Long is This Going to Take?

    On Behalf of Dixon & Moseley, P.C. | Jul 18, 2023 | Uncategorized

    Understanding the timeline of a divorce process is crucial when you’re planning the next phase of your life. The attorneys at Dixon & Moseley, PC, have worked with numerous clients going through the emotional and logistical complexities of divorce. Many come to us asking: “How long is this going to take?” While it’s not possible to give a definitive answer…

    Considering Divorce: The Big 9 Financial Planning Checklist

    On Behalf of Dixon & Moseley, P.C. | Jun 28, 2023 | Uncategorized

    Considering divorce can be a difficult decision, and one that should not be taken lightly. Apart from the emotional and personal aspects of a divorce, there are also many financial considerations that should be taken into account. Here is a checklist of the big 9 financial planning considerations to keep in mind when considering divorce from a legal perspective. 1.…

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