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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
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
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      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
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      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
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      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

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  5. Why Parents May Make Tactical Mistakes in Delaying Custody Modification Proceedings When Their Spouse Is Addicted to Prescription Drugs

Why Parents May Make Tactical Mistakes in Delaying Custody Modification Proceedings When Their Spouse Is Addicted to Prescription Drugs

On Behalf of Dixon & Moseley, P.C. | Nov 22, 2017 | Custody Modification

The angst of litigation keeps couples with children together long after they probably should have divorced or sought custody modification. In most cases, this is legally, socially, and psychologically sound. This blog explores the common situations where one spouse becomes addicted to prescription drugs, but the other tries maintaining the status quo, eventually “hurts” the parent—and often the children—who he/she is trying to protect to keep the family intact.

The nightly news relays the war on codeine based drugs and the lawsuits against manufacturers. Often times spouses become addicted to these substances by virtue of an injury or surgery and not being able to “wean-off” the drug after leaving them to keep getting prescriptions, buy them from co-workers, or obtain such drugs through other illicit sources. When not available, this spouse may turn to other illegal drugs to avoid chronic pain or withdrawal.

While a spouse may assume and hope-against-hope this will change, addiction triggers powerful regions in the brain and this is unlikely to change without clinical intervention, perhaps in-patient treatment. Generally, this fails. And then some significant event occurs that puts the non-addicted spouse in legal jeopardy. For instance, the addicted spouse has an accident with the children and they are injured. This may trigger his or her arrest, and possibly a CPS investigation and/or CHINS proceeding.

There are numerous variations on how a drug-addicted-spouse puts the children at risk psychologically and physically. The non-addicted parent must act and should seek a consult with an attorney and discuss filing for legal separation or divorce and sole legal, physical custody and supervised parenting time. Such relief is available in paternity cases as well. Without doing so, it is entirely possible the spouse who is not addicted and does not act could be charged with neglect of a minor or have the children removed and made wards of the state.

Obviously, these are not the only potential negative outcomes, nor is such extreme action always necessary to be taken against the addicted spouse; but these actions are not uncommon either. A parent who fails to take action ultimately is allowing harm to the children and placing themselves at legal risk of not being able to remain the custodian of the children. Rarely does that situation best suit the best interests of the children during such a difficult time.

Fortunately, there is attorney-client privilege where you can discuss these issues without fear of disclosure. The General Assembly has provided attorneys and courts with numerous tools to craft a plan to protect the children and perhaps help the addicted spouse along the way. These are ordinarily complex plans and have some setbacks along the way, but awareness of prescription drug addiction is well known at this time. Lawyers, judges, and those involved in these systems have resources to help and are sympathetic to the situation, as most of the time the addicted spouse is where he or she is at because of a psychical injury or medical procedure and are not hardened criminals.

Dixon & Moseley, P.C. advocates handle all types of domestic and criminal case involving drug use, abuse, and possession throughout the state. This blog is provided for general educational purposes only and is not intended as a solicitation for services. It is an advertisement.

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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