5 Mistakes to Avoid in Indiana Child Custody Cases
Navigating a child custody case in Indiana can be one of the most emotionally charged and challenging experiences of your life. However, avoiding common mistakes can significantly improve your chances of a positive outcome. As a seasoned family law attorney in Indiana, I’ve seen how certain pitfalls can impact custody cases. Here’s what you need to know to protect your rights and prioritize your child’s well-being.
Mistake 1: Not Putting Your Child’s Best Interests First
Indiana courts base custody decisions on the best interests of the child. This standard encompasses factors like:
Living arrangements: Is your home safe and suitable for your child?
Community ties: Does your child have access to supportive family, friends, or extracurricular activities?
Health and education: Are you actively involved in your child’s medical care and schooling?
Failing to demonstrate that you prioritize your child’s needs can hurt your case. Avoid getting caught up in disputes with the other parent and focus on making decisions that benefit your child. Courts notice when one parent puts their child’s interests above personal grievances.
Mistake 2: Ignoring Indiana Parenting Time Guidelines
The Indiana Parenting Time Guidelines are designed to ensure children maintain meaningful relationships with both parents. Common violations include:
First Right of Refusal: Failing to offer the other parent the opportunity to care for the child when you cannot.
Communication access: Not allowing reasonable phone contact between your child and the other parent.
Travel notifications: Neglecting to share travel plans and itineraries with the other parent.
By adhering to these guidelines, you demonstrate respect for the court’s rules and the co-parenting process. Ignoring them could lead to contempt motions or penalties.
Mistake 3: Negative Behavior Toward the Other Parent
Hostility or abusive behavior toward the other parent can seriously damage your case. Courts favor parents who foster collaboration and minimize conflict. Text messages and emails berating the other parent often become evidence in court.
Tip: Always communicate respectfully, even if the other parent doesn’t reciprocate. Show that you’re willing to cooperate for the benefit of your child. Judges value a parent who models maturity and conflict resolution.
Mistake 4: Failing to Document Parenting Time and Key Events
Keeping detailed records can strengthen your case. Create a Parenting Time Journal to track:
Drop-offs and pick-ups
Attendance at school and extracurricular activities
Communication with the other parent
Significant incidents, such as missed appointments or late arrivals
Records like school attendance reports or text exchanges can support your claims if disputes arise. At Vining Legal, we provide tools like a customizable Parenting Time Journal to help you stay organized.
Mistake 5: Going It Alone Without Legal Guidance
Child custody laws in Indiana are complex, and every case is unique. Hiring an experienced attorney ensures you have an advocate who understands the system and can guide you through it. An attorney can:
Help you build a strong case by collecting and presenting evidence
Coach you on how to improve your standing over time
Represent your interests in court or during negotiations
By partnering with a skilled legal professional, you increase your chances of achieving a favorable outcome.
How Vining Legal Can Help
At Vining Legal, we understand the emotional toll of custody disputes and the importance of achieving the best possible outcome for your family. Whether you’re seeking to modify custody, gain more parenting time, or navigate a contentious situation, we’re here to help.
Why Choose Us?
Decade of experience in Indiana family law
Compassionate, results-driven representation
Personalized strategies tailored to your unique situation
Contact Vining Legal Today
Take the first step toward resolving your custody case by contacting us for a consultation. Call or text (317) 279-5668, or visit our website to schedule an appointment. Let us help you prioritize your child’s well-being and secure the outcome your family deserves.
