Common Mistakes That Can Hurt Your Custody Case in Indiana
Child custody cases are high-stakes legal battles that determine parenting time, decision-making authority, and your role in your child's life. Even small missteps can impact the court's decision.
As an experienced Indiana family law attorney, I’ve seen five major mistakes parents make that hurt their case. Avoiding these pitfalls can improve your chances of securing a favorable custody outcome.
📌 Related Reading: Winning Custody in Indiana: The Power of Evidence
1️⃣ Denying the Other Parent Parenting Time
One of the biggest mistakes parents make is withholding parenting time from the other parent. Courts strongly favor co-parenting relationships, and denying parenting time can make you look uncooperative or controlling.
Exceptions to This Rule:
✔ If the other parent is involved in drug use, domestic violence, or abuse, you may have justifiable reasons to restrict contact.
✔ Always consult a family law attorney before taking action—modifying a custody order the wrong way can backfire.
📌 Learn about modifying custody orders here: How to Modify a Child Custody Order in Indiana
2️⃣ Speaking Negatively About the Other Parent
✔ Don’t criticize your ex in front of your children.
✔ Don’t send hostile texts, emails, or messages.
✔ Don’t involve your child in adult disputes.
Why This Matters:
Courts look for parents who foster positive co-parenting relationships.
Judges frown upon behavior that damages a child’s relationship with the other parent.
Text messages, social media posts, and recorded conversations often end up as evidence in court.
🚨 Tip: Keep all communication respectful and child-focused. If you struggle with co-parenting, consider using a co-parenting app to track communication.
📌 Find the best co-parenting apps here: Best Co-Parenting Apps for Communication & Parenting Time Management
3️⃣ Making Allegations Without Proof
Accusing the other parent of:
❌ Drug or alcohol abuse
❌ Child neglect or abuse
❌ Criminal activity
Without credible evidence is a serious mistake.
What Courts Expect:
✔ Document concerns with facts and evidence—not just opinions.
✔ Use police reports, medical records, and witness testimony to back up claims.
✔ If you believe your child is at risk, seek legal action immediately rather than making baseless accusations.
📌 Related Reading: How to Use Evidence in an Indiana Custody Case
4️⃣ Violating a Court Order
Even if you disagree with a custody order, violating it can hurt your case.
Examples of Custody Order Violations:
❌ Refusing to return the child on time
❌ Withholding parenting time
❌ Not following the terms of the order
Consequences of Violating a Custody Order:
✔ Judges may reduce your parenting time if they see a pattern of non-compliance.
✔ The court may hold you in contempt, leading to fines, penalties, or even jail time.
✔ The other parent can use your actions against you in a custody modification case.
What To Do Instead: If the order no longer works, file a modification request instead of taking matters into your own hands.
📌 Need to modify your custody order? Learn how here
5️⃣ Not Being Actively Involved in Your Child’s Life
Judges look at parental involvement when making custody decisions. If you’re not actively engaged in your child’s:
❌ School activities
❌ Medical appointments
❌ Extracurricular events
It can hurt your case.
Ways to Stay Involved:
✔ Know your child’s teachers and attend parent-teacher conferences.
✔ Be present at medical check-ups and know their doctors.
✔ Coach a team, volunteer at school, or attend events.
✔ Exercise every opportunity for additional parenting time.
📌 Learn how to document parenting time effectively: Using a Parenting Time Journal to Strengthen Your Custody Case
Protect Your Custody Rights with Legal Help
Custody cases are complex, and one mistake can cost you time with your child. A skilled family law attorney can help you:
✔ Present a strong case in court
✔ Avoid common legal pitfalls
✔ Fight for your parental rights
📞 Call or text (317) 759-3225 or Schedule a Consultation today for expert custody representation.