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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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  5. Three Strong Family Law Appeals To The Indiana Court Of Appeals

Three Strong Family Law Appeals To The Indiana Court Of Appeals

On Behalf of Dixon & Moseley, P.C. | Aug 28, 2019 | Appellate Practice, Family Law, Indiana Court of Appeals

Indiana is fortunate to have an intermediate appellate court where every litigant with a final order can appeal as a matter of right if they have a good-faith basis the trial court erred.1 A significant amount of the entire civil docket is family law, so there are thousands of family law final orders issued each year. If you do not prevail and are considering an appeal, the blog may assist you as it addresses the three strongest types of family law appeals, although every case may be taken to the Indiana Court of Appeals.

Special Findings. In Indiana trial courts, if a party asks for special findings, the trial court must issue a detailed order explaining its rationale for the order. In longer cases, many attorneys ask for special findings before the receipt of evidence and the trial court must issue such special findings. Where this is the case, the standard of review on appeal is different and in many cases, these are viable cases for appeal. This is because the facts the trial court relies on must be supported by the record (the written testimony, called the transcript, and the exhibits admitted a trial). If not, then the Court of Appeals may reverse. In other words, it is sometimes easier to prevail on appeal with special findings because there have to be facts and inference to support the trial court’s decision. It is more than the trial court judge just hearing the parties and deciding who to believe as in a general judgment.

Errors of Law. Family law has thousands of cases and statutes to apply in every case. Judges are wise and skilled, but occasionally apply the wrong law to a complex case of set of facts. Questions of law are given no deference by the trial court and if there is an error the Court of Appeals will give no deference to the trial court. In other words, the Court of Appeals is likely to remand if the trial court makes an error or law. One common reversal is where a trial court determines a weekly gross child support amount but does not include a worksheet. This may be an error of law because there is no documentary support and the Court of Appeals has reversed a number of cases where the trial court’s order does not have any child support worksheet.

Conflict in Law. Every year, the General Assembly passes new family laws that are signed into law and effective on July 1. When this happens, or when case law differs with statutes and the Court of Appeals disagrees, these conflicts—if they exist and these laws are applied to your cases—create a good case for appeal. This is somewhat commonplace because the General Assembly and the Court of Appeals are always trying to make better and more consistent laws to promote fair property divisions and the children’s best interests. If this conflict exists in your case, this is probably a good case for appeal.

While this list is of potentially good and viable domestic appeals is only a partial list, we hope you find them useful as you consider appealing a domestic case. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle appeals of domestic, civil and criminal cases that have issued final orders from all trial court in Indiana. This blog is intended for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • A few specific classes of case go directly to the Indiana Supreme Court.
  • 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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