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
  • 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. Custody Modification
  4.  | 
  5. When Will One Parent’s Misconduct And Interference With Parenting Time Be Enough To Support A Custody Modification?

When Will One Parent’s Misconduct And Interference With Parenting Time Be Enough To Support A Custody Modification?

On Behalf of Dixon & Moseley, P.C. | Oct 9, 2020 | Custody Modification, Family Law

We quite frequently receive questions and complaints from clients regarding the other parent’s misconduct towards them or interference with their parenting time. These complaints tend to be followed with the question “can I modify physical custody?” Unfortunately, there is no hard and fast rule that can provide a ready answer to the question. Each custody case is unique, requiring an independent legal analysis. However, in this blog, we provide a quick overview of custody modification and when a parent’s misconduct or interference may rise to the level to modify custody.

It is important to note that in Indiana, child custody modification is governed by statutory code.1 Pursuant to the relevant statute,2 in order to modify custody, a parent must show: 1) modification is in the best interests of the child(ren); and 2) there has been a substantial change to one of the enumerated factors listed in Indiana Code section 31-17-2-8.3 In particular, there are eight different factors listed in Indiana Code section 31-17-2-8 that Court’s consider, as well as anything else that impacts child custody and the child’s best interests. What is important to remember, however, is that courts have consistently held that it is the child(ren)’s best interests that controls.

With a basic understanding of the standard for modification and the variables that may exist and the court may consider, we can now turn our attention to the particular question of one parent’s misconduct or interference is sufficient to modify custody. The general rule is that a custodial parent’s general lack of cooperation or isolated acts of misconduct cannot serve as a basis for custody modification.4 The reason for this is there is a judicial preference for permanency and stability which is upset when physical custody is modified. Notwithstanding, if one parent can demonstrate that the other has committed misconduct so egregious that it places a child’s mental and physical welfare at stake, the trial court may modify the custody order.5 For example, a parent’s false allegations of child abuse against another parent could be sufficient to support a custody modification.6 On the other hand, a few instances of parent’s denial of another parent’s time with the child will likely be insufficient, in and of itself, to support a modification of custody.7

Ultimately, whether you, or someone you know, can modify custody based upon another parent’s misconduct or interference with parenting time is going to depend on the unique facts and circumstances of the case—and how they are developed into a cohesive trial theme. This is where you and your lawyer have to paint the picture to the judge how misconduct is really negatively impacting the child. These types of proceedings are extremely fact sensitive, thus often leading to confusion among many attorneys and litigants. Not to mention, these are very personal and emotional matters for parents who may struggle to identify the pattern without skilled representation. When issues become so serious that modification of custody may be necessary, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys handle domestic cases throughout the State of Indiana and understand the significance of custody modification and planning needed for a successful case presentation. This blog is written for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Ind. Code 31-17-2 et. al.
  • There are mirror statutes in the Paternity and Divorce Acts.
  • Ind. Code 31-17-2-21.
  • Maddux v. Maddux, 40 N.E.3d 971, 979 (Ind. Ct. App. 2015)
  • Id.
  • Id.
  • Montgomery v. Montgomery, 59 N.E.3d 343 (Ind. Ct. App. 2016). However, several acts of misconduct may constitute a pattern and collectively amount to a substantial change. This is a careful analysis conducted by all skilled domestic attorneys.
  • 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

    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