Dixon & Moseley | Attorneys At Law

Call For A Consultation: 317-350-4108

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
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
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 317-350-4108

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Child Custody
  4.  | 
  5. How Does The Court Hear From The Kids To Make A Custody Decision In Their Best Interests?

How Does The Court Hear From The Kids To Make A Custody Decision In Their Best Interests?

On Behalf of Dixon & Moseley, P.C. | Aug 19, 2019 | Child Custody, Divorce, Family Law

Indiana trial court judges are tasked with the duty to make sure that at the time of divorce (or paternity) adjudication the children’s best interests are met. If the parents have an agreement on custody and it is not contested, they may infer that agreement of the parties is in the children’s best interests. However, where physical and/or legal custody is contested, there are four key ways a trial court judge determines what is in a child’s best interests. Most of the time litigants with their lawyers have the ability to choose or have input on the way the evidence will be provided to the court. These options are discussed in this blog post.

Child as a witness. Although rarely done, the is no bar in the Dissolution or Paternity Act, nor Indiana Rules of Evidence generally to calling a child as a witness.1 Nevertheless, it is not normally a tool utilized in trials by attorneys or judges because it puts the child squarely in the middle to testify before both parents and the judge may not follow their wishes because it is not in the child’s best interests. This creates a scenario where a child who has given testimony against one parent may be living with him/her. Generally, this is frowned upon by the court. Nevertheless, every divorce case is different, and your case may be the case where it is legally prudent to call your child as a witness. While rare, particularly with children who are 16-17 this is done.

In-chambers interview: Closely related is having a child interviewed by a judge in his or her office (chambers). This is usually done with the attorneys present but is not done in front of the parents. Ultimately, how many judges handle this situation is to build a rapport with the children and then generally talk about their parents without directly asking the child who they want to live with. Judges are skilled at learning this by inferences and assumptions of what the children may say to them. Some attorneys are against this process because there is often no official record to use to appeal if the in-chambers is unsuccessful in your custody request.

GAL/CASA evaluation and report. In the divorce and paternity act, there are provisions, for the court to appoint a Guardian ad litem or Court Appointed Special Advocate to interview and interact with the children and family make a recommendation to the court of what is in the children’s best interests for physical and legal custody. Ordinarily, the parents have to pay for some part of these services. The GAL/CASA is charged with making a recommendation in the children’s best interests to the court in a written report and then testifying in court. The Court ordinarily follow GAL/CASA’s recommendations but do not have to. A significant drawback to GAL/CASAs is their inability to conduct psychological testing, such as MMPI. Where there is a significant mental health issue, suspected, a forensic psychologist may be the best legal resource to address the children’s best interests and the only source to pick up significant mental health issues that impact the children’s best interests.

Forensic clinical psychologist. The final tool, which operates essentially the same way as the GAL/CASA, is to request the court to order a forensic psychological custody evaluation. In these cases, the parties almost always spend several thousand dollars for this. However, a forensic custody evaluation ordinarily spends considerable time interviewing the children and parents in different settings, conduct psychological testing, and collecting substantial collateral data. Collateral data is information that may support or bring into question a parent’s position as to what relates to a child’s best interests. Collateral data ranges from police reports to therapy records. Ordinarily, these evaluations are the only effective way to address a parent’s mental health issues as it relates to the children’s best interests.

We hope this blog helps you understand there are several ways a parent may, with counsel, assist the court to get an accurate snapshot of what is in the children’s best interests. These are legal tools you and your counsel can select from and ask the court to order to advance the case and assist with its determination of what is in the children’s best interest. Every case is different, and you should work closely with your counsel to pick from these legal options—if your case calls for one. This blog is written by attorneys at Dixon & Moseley, P.C. who handle custody cases of all types throughout the state of Indiana. This blog is written for general educational purposes and is not intended as legal advice or a solicitation for services. It is an advertisement.

  • The Indiana Rules of Evidence would not allow a child who is so he/she could not tell the difference from right and wrong to qualify as a competent witness.
  • 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…

    « Older Entries

    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?

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Dixon & Moseley | Attorneys At Law

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    317-350-4108

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online