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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. Three Key Tips For Fathers Who Seek Primary Or Joint Custody

Three Key Tips For Fathers Who Seek Primary Or Joint Custody

On Behalf of Dixon & Moseley, P.C. | Jun 6, 2019 | Child Custody, Family Law, Father's Rights

In today’s world, fathers are more active in their children’s lives than ever. In households where both parents work, some fathers are their children’s primary caregivers. However, in the unfortunate situation where a divorce occurs, many fathers feel “doomed” and have the belief that mothers always get “custody”. This blog explores what “custody” means and provides key tips for fathers who seek custody in a divorce.

The point to start with is an understanding of both “physical” and “legal” custody under Indiana law. Physical custody is given to the parent who is identified as the primary care-giver and when this is the case, the other parent is given parenting time under the Indiana Parenting Time Guidelines. However, the trend is moving towards more joint physical custody, such as a rotating schedule of days with parents, like 5-2-2-5 or 3-2-2-3. The court can order this if it is believed to be in the children’s best interest. There are Constitutional arguments that joint physical custody should be included within the fundamental right to parent, but the law has not evolved to this point. The second type of custody is legal custody, and involves decisions pertaining to the child’s health, education, and religious upbringing. Legal custody, like physical custody, may be sole or joint.

With an understanding of what “custody” means under Indiana law, and knowing all custody decisions must be in the children’s best interests, this blog turns to three tips for fathers who seek custody. First, and perhaps the most important, is the evidence to support your position that you have been involved in your children’s lives as much as the mother—or more. This can help provide strong support for your joint or sole custody position at trial. Most parents struggle with establishing this evidence because they simply do not think about every day, week and month of the time they spend in their child’s life. Sources of evidence to establish this vary greatly, but common examples include the following:

  • Medical and dental records to show who brought the child to the doctor.
  • School sign-in sheets and other records, such as attendance at school functions and parent-teacher conferences.
  • Photos: These can speak a thousand word as the adage goes and a deeply involved father will have many of these to work with counsel to weave together the story of why he seeks sole or joint physical custody.

Recognize these are but a few, and certainly not the only sources of evidence. These should help you start to think how you can make your argument in court. The initial custody determination is gender neutral, meaning neither parent is favored. So, strong evidence, coupled with your testimony about your parenting, is key.

The second tip is to have a workable sole or joint custody plan. Merely establishing you seek (and should have) sole or joint custody is not sufficient. You have to show in the evidence that your plan for custody is workable. This may mean you obtain a home in a nearby school district, so the children can easily be transported to and from school. Just because you want a certain custody arrangement does not mean you will get that arrangement. You must be able to show the court this will work and does not leave the children exhausted because of the times of drop offs and pickups and/or result in long periods of time in the car each day or week.

The third tip is to remember that the process of divorce is hard and so is the objective of your sole or joint custody. Challenges will arise after the divorce is filed and until it is finally decided. Where many parents do irreparable harm to their case is when scheduling conflicts occur; they result in a terrible and threatening text to the other parent (or email). More and more cases are being won or lost on texts, emails, or phone recordings. In the face of such a conflict, do not just react and send a nastygram. Talk with your attorney and take a balanced approach to handling the situation at hand. This is very hard, but key for your custody case. The court tends to look at awarding custody to the parent who is most willing to facilitate the non-custodial parents’ parenting time. Be that parent. Remember one damning text from you sent to the mother can easily overshadow the fact that you are the parent who should have custody in the children’s best interests. So don’t send these or have these conversations, as they can only hurt you, your case, and most importantly, your children.

This blog is written by attorneys at Dixon & Moseley, P.C. who handle domestic cases of all types throughout the state. This blog is written for informational purposes only and is not intended as legal advice. It is an advertisement.

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…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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Recent Posts

  • 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)
  • Failure to Object: When Is an Issue Waived?

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