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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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      • Defense Of Protective Orders
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    • General Practice
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    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

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  5. Child Custody Modification in Indiana: The Evidence Checklist You Need to Make Your Case

Child Custody Modification in Indiana: The Evidence Checklist You Need to Make Your Case

On Behalf of Dixon & Moseley, P.C. | May 22, 2018 | Child Custody, Custody Evaluation, Custody Modification

While children are resilient and “bounce back”, modifying physical custody from one parent to another parent is a major life factor that may impact the child’s fundamental sense of safety, security, and stability. For this reason, there are two common factual situations where custody modification does not make a strong legal case.

The first is where the non-custodial parent’s life has improved, but this has had little impact on how the kids are doing in the custodial parent’s care. Remember, the legal focus for modification is on the children’s best interest. So, for instance, a parent who has achieved long-term sobriety may not really be a factor supporting modifying custody if the children are otherwise thriving in the other parent’s care.

Secondly, some parents simply cannot accept not being awarded custody in the first instance and use continued modification filings to attempt to try to correct this perceived incorrect legal custody award. By statute, a trial court cannot consider evidence that was heard or occurred before the last custody order.

Outside these two circumstances, there are many cases where there has been a substantial change in circumstances and it is in the child’s best interest for a change in physical custody. Most non-custodial parents have a sense of these situations.

Normally, the change warranting a custody modification occurs in one of two ways. The first occurs through gradual changes over time in the custodial parent’s household, ranging from a remarriage and difficulties in the children in blending into the new family units to a child’s advancing age and gender. The second is a cataclysmic event, which can be a drug overdose, an arrest, or a serious physical or mental illness.

If this is your situation, this blog focus on the steps to follow to make the decision, best made with counsel, to file a custody modification case—and proving the substantial change. Merely testifying that certain events have occurred is unlikely to result in evidence to demonstrate a substantial change of circumstances to warrant a modification of custody to you in the children’s best interests.

So, where’s the evidence to show the substantial change in circumstances (the child is not having his or her interests met in the present custodial parent’s household)?

This blog provides a checklist of items that may be used to analyze to assess your case and present it in court—to show the child is not thriving in the other parent’s care—and what you need for your counsel (or for your counsel to obtain in discovery) in seeking your physical custody modification:

  • Timelines showing what has occurred (or you believe has occurred) to warrant custody and a background of your case—the proverbial who, what, when, where, why and how
  • Prior custody orders
  • Prior custody evaluations, CASA/GAL reports
  • List of doctors, dentist, and therapists (for the children and/or parents depending on the basis for modification)
  • Photographs
  • Text messages
  • Recordings
  • Police reports, police runs, protective orders, criminal charges, et cetera
  • School records (such as attendance or report cards)
  • List of those who have knowledge of the basis for your modification, with corresponding contact information (teachers, therapists, neighbors, friends, day-care providers)
  • Emails
  • Journals (such as listing denial of parenting time or references to what has occurred to substantiate the change)
  • List of materials that are necessary and believed to exist to warrant custody medication (so counsel can seek these through discovery or private investigation or otherwise)
  • Your last six (6) pay stubs and information about the other parent’s employer or income and insurance and day-care costs
  • Videos

With this information, you and your advocate may effectively determine the strengths of your modification case, trial theme, and what evidence needs to be gathered and obtained in an admissible format. You may know a modification is in the child’s best interests, but this allows you to make your case and prove it in court. It’s all about the evidence.

Dixon & Moseley, P.C. advocates handle child-custody modification cases throughout the State of Indiana. This blog is written for general informational purposes only and is not intended as legal advice or 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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