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  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.
  • What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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