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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
      • Child Support/College Expenses
      • Defense Of Protective Orders
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The Attorneys at Dixon & Moseley, P.C.

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  5. How To Overcome A Negative Custody Evaluation

How To Overcome A Negative Custody Evaluation

On Behalf of Dixon & Moseley, P.C. | Sep 10, 2019 | Child Custody, Family Law

In high conflict custody cases, it is common to have a forensic Ph.D. level custody evaluator conduct an evaluation and make recommendations to the court as to who should have custody in the child’s best interests. These evaluations result in a written report. However, no professional is accurate all of the time, and occasionally an errant report issues. In short, we all make mistakes—even professionals. If you get an adverse custody evaluation in your case, this blog is focused on potential “fixes” for a custody evaluation that we have tried over time.

Review of the custody evaluation by another expert. It is somewhat common to have another professional review a custody evaluation and sometimes underlying data and reach a different result. In these cases, you have competing experts to relay to the court where the inconsistencies are and what decision it should make in the child’s best interest. The key is to get a rebuttal expert determined as soon as possible if there is an impending trial date or the request may be denied. Sometimes there is an error in reviewing psychological testing or failing to conduct a collateral interview. In any event, this is a tool to address a negative custody evaluation.

The court does not have to follow a custody evaluation. Indiana trial court judges are given wide discretion to determine what custody and parenting time rights are in a child’s best interests. Some judges—particularly those who are very experienced—do not necessarily find custody evaluations that helpful because they have gained so much wisdom in deciding cases over the years on the bench. It is important to know your judge. Also, if there is an obvious hole in the custody evaluator’s rationale, then it is possible a lay witness or exhibits would point out the deficiency in the evidence. This is where the work of skilled domestic counsel comes into play. Is there a witness or piece of evidence in your case that can bridge the gap and establish notwithstanding the expert’s recommendations, it is clear the physical custody (or legal custody) should be sole in the child’s best interests consistent with your position?

Another custody evaluation. While not common, it is possible to have a second custody evaluation in a case or more. Dixon & Moseley, P.C. counsel have had as many as four (4) custody experts in any given case depending on the facts and circumstances of the case. Where they draw different conclusions, it provides a great deal of potential in a trial to establish why one report is in the child’s best interests and should be followed. The two keys in this scenario are who is going to pay for the evaluations and the trial court’s willingness to appoint multiple evaluators. This is where a soundly crafted motion is key to file to demonstrate to the court why another evaluation is needed.

Specialized expert to rebut part of a custody evaluation. Domestic law is really nothing more than a set of tools in the Divorce Act to allow the judge to act in the children’s best interests. For this reason, judges have wide discretion and can allow any number of other experts to participate in a case. So, for instance, if a custody evaluation’s recommendation is based on the allegation that a parent (who is not recommended to have custody) has an anger or substance abuse issues, then it may be necessary to utilize an expert in these fields to address this is not the case. Thus, the entire basis of the custody evaluation is called into question.

Ultimately, in high-conflict custody litigation—including those with custody evaluations—there are many tools to address adverse reports or litigation if you have skilled counsel to guide you through the process. We hope this blog on adverse custody evaluations is helpful. It is written by advocates at Dixon & Moseley, P.C. who handle high-conflict custody cases throughout the State. This blog was written by attorneys at Dixon & Moseley, P.C. for general educational purposes only. It is not intended as legal advice or a solicitation for services. 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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