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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).
  • Common Courtroom Mistakes That Can Hurt Your Case

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

    Going to court can be a stressful and intimidating experience, especially if you’re not familiar with the legal system. However, there are common mistakes that people make in the courtroom that can negatively impact their case. In this post, we’ll discuss five common courtroom mistakes that you should avoid to ensure the best outcome for your case. Not Being Prepared…

    Memorial Day Holiday

    On Behalf of Dixon & Moseley, P.C. | May 25, 2023 | Child Custody, Child Support, Parental Rights

    A Child Development Perspective on Co-Parenting During the Memorial Day Holiday as Divorced Parents Navigating holidays can be a delicate task for divorced parents, especially when it comes to Memorial Day, a time of remembrance and family gatherings. As legal professionals, we understand the importance of prioritizing children’s well-being in such situations. In this blog post, we’ll explore strategies and…

    What is Joint Custody in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 26, 2023 | Custody Evaluation

    In Indiana, custody is divided into two distinct categories: physical custody and legal custody. Physical custody simply means the physical care and supervision of a child. Legal custody, on the other hand, determines who can make major decisions in the child’s life, such as religion, schooling, and medical care. Joint custody refers to a custody arrangement where both parents share…

    4 Real-life Situations When A Family Law Attorney Can Help

    On Behalf of Dixon & Moseley, P.C. | Apr 17, 2023 | Child Support, Divorce, Family Business, Family Law

    Life is full of milestones. Some are joyful and anticipated, like births, adoptions and marriages. But others can catch us by surprise or stir up complicated feelings, like losing a loved one or ending a marriage. A family law attorney, like the team at , can help protect your assets and offer you and your family peace of mind. Read…

    When can I modify custody in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 6, 2023 | Child Custody, Child Support, Custody Evaluation, Custody Mediation, Custody Modification, Custody Relocation, De Facto Custodian, Family Law

    As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to Indiana to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more…

    What Happens After an Appeal Is Dismissed?

    On Behalf of Dixon & Moseley, P.C. | May 24, 2022 | Appellate Practice, Civil Appeal, Criminal Appeals

    Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate process. This can leave many with a multitude…

    What Are the Decisions an Appellate Court Can Make?

    On Behalf of Dixon & Moseley, P.C. | May 19, 2022 | Appellate Practice

    Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate process. This can leave many with a multitude…

    Estate Planning During a Divorce: Three Key Considerations

    On Behalf of Dixon & Moseley, P.C. | May 17, 2022 | Division of Assets, Divorce, Family Law, Real Estate

    What is estate planning and why does estate planning for divorce matter? Estate planning may be just one of many critical financial aspects to manage during a highly stressful time; however, because estate planning can have long-term ramifications for your children and loved ones, it must be a top priority. Here are three key considerations regarding estate planning for divorce:…

    What Are the Chances of Winning an Appeal in Custody?

    On Behalf of Dixon & Moseley, P.C. | May 12, 2022 | Child Custody, Family Law

    A common question we hear from clients and prospective appellate is “what are my chances of winning an appeal?” Unfortunately, there is no hard and fast answer to that question due to the fact-sensitive nature of the appellate process. However, there are some general rules and considerations a person can keep in mind when weighing their chances of success on…

    How Divorce Impacts Business Owners Differently

    On Behalf of Dixon & Moseley, P.C. | May 11, 2022 | Divorce, Family Law

    Just as marriage and business often do not mix well, divorce involving a family business can make an already complex divorce process even more difficult and stressful. This is due to the inevitable change in workplace dynamics, complexities in valuation for business division in divorce, stakeholder and employee relations, and many more factors. Here is how divorce involving family business…

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