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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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The Attorneys at Dixon & Moseley, P.C.

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  5. Three Key Factors That Influence Child Custody Decisions

Three Key Factors That Influence Child Custody Decisions

On Behalf of Dixon & Moseley, P.C. | Jan 3, 2019 | Child Custody

Indiana trial court judges can consider literally anything and everything relevant to a parent-child relationship to make a child custody decision that is in the child’s best interests.  Sometimes a single factor—such as a severe drug abuse or incarceration—make the decision much easier for the judge to sort through the evidence, as it is apparent that a parent who is locked up cannot be the child’s custodian.  However, in most cases, both parents have good qualities and faults in parenting.  This blog explores the three most important factors that influence a judge’s child custody decision, so you can develop these for your case.

The first is the child’s wishes, particularly the older a child gets. While it is not determinative, a same-sex child may wish to live with that parent for certain reasons.  Equally, the parent a child looks to as their primary caregiver is powerful evidence to get before a judge (there are several ways, including in-camera interviews and custody evaluations to present this evidence).  This evidence reflects social and psychological bonding fundamental to proper childhood development.  While a lax parent may appear to the preferred parent, a child advocate can usually see through this and determine who the child is bonded with and should live with for the best care and childhood. Getting this evidence before the court is a key to a successful custody case.

Secondly, and a somewhat related issue, is evidence of the desires of each parent.  Obviously, both parents may seek the same custody in court. However, this concept goes much deeper and looks at the physical and mental health of parents.  While not determinative, a parent who has significant mental health issues—particularly if they are historically unmanaged—is not likely the preferred custodial parent because they may make decisions for the child that are not appropriate or place the child in harm’s way. Given the statistics on mental illness (and drug addiction) in the US adult population, this may well win a case. On the other hand, victimizing a parent with a slight impairment is a sure way to lose a case. Thus, skilled counsel is necessary to develop the evidence of these key factors and get them into an admissible format for admission at trial.

The third piece of evidence is much more practical; this is the work schedule and obligation of a parent.  A cross-country truck driver or parent with an erratic and irregular work schedule may not be the suitable parent for custody. Stability and a sense of continuity are a fundamental building block in child development.  While such schedules may not be determinative, the key is to present the court with why your schedule is conducive to custody. Simultaneously, you must show the court how you will facilitate the non-custodial parent’s meaningful and significant contact with the children.  Courts see it as a win-win to award custody to a parent who is going to go out of his or her way to ensure the children have quality time with the other (non-custodial) parent.

In most cases, these are the three most important pieces of evidence to a trial court in child custody litigation.  Think about how they may apply to your case.  Do they help you or hurt you?  However, it is not enough to “know” this is the case, but also work with counsel to develop this information into admissible evidence to present in your custody case.  This is how you move toward successful custody litigation.  This blog was written by attorneys at Dixon & Moseley, P.C. who handle child custody litigation of all types throughout the state.  It is written for general educational purposes only. It 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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