You Lost in Family Court. Now What? Understanding Your Options After a Divorce or Custody Ruling in Indiana

Losing in family court can feel devastating. Whether it's an unfavorable custody ruling, a divorce judgment you believe is unfair, or a child support order that doesn't reflect your reality, it's normal to feel overwhelmed and unsure of your next steps. The good news is: you have options.

In Indiana, the law provides multiple legal paths to challenge, appeal, or modify family court decisions. This article explains what to do if you believe the judge got it wrong, or if your circumstances have changed since the ruling.

Can I Appeal a Family Court Decision in Indiana?

Yes, but timing and strategy are critical. You can appeal final judgments in divorce, custody, or child support cases, but there are rules and deadlines you must follow.

What Types of Orders Are Appealable?

• Final custody determinations

• Divorce decrees

• Property division orders

• Final child support or spousal maintenance orders

Temporary orders usually cannot be appealed until the final ruling is issued. Appeals are reserved for final, appealable orders.

How Long Do I Have to File an Appeal?

Under Indiana Appellate Rule 9(A), you must file a Notice of Appeal within 30 days of the final judgment. This deadline is strict. Missing it may mean you permanently lose your right to appeal.

What Are Valid Grounds for an Appeal?

Appeals are not a chance to reargue the facts. You must show that a legal error occurred during the trial, such as:

• The judge misapplied or misunderstood the law

• The court relied on inadmissible or insufficient evidence

• The ruling was clearly against the weight of the evidence

• There was an abuse of judicial discretion

• Your constitutional or procedural rights were violated

Remember: appeals are based strictly on the trial court record. You cannot introduce new evidence during an appeal. That's why it's crucial to preserve objections and legal issues during your original hearing.

Should You Appeal?

Not always. Appeals can be expensive and time-consuming, and the chances of success depend on the strength of the legal error. Sometimes, pursuing a modification is a faster and more effective way to correct an unjust result.

📞 Call or text Vining Legal at (317) 759-3225 to evaluate whether an appeal makes sense in your case.

Modifying Custody, Parenting Time, or Child Support

Even if you lost, you may not be stuck with the court's decision forever. Indiana law allows you to seek changes through a Petition to Modify if there's been a substantial and continuing change in circumstances.

What Can Be Modified?

• Custody arrangements (legal or physical custody)

• Parenting time schedules

• Child support obligations

• Spousal support (in rare cases)

Common Grounds for Modification:

• One parent relocates to a new city or state

• A parent begins abusing alcohol or drugs

• The child is experiencing academic, emotional, or behavioral issues

• The custodial parent interferes with parenting time or communication

• Significant income changes affect support obligations

When Can You File?

There’s no strict time limit—you can file a modification as soon as a qualifying change occurs. For child support, Indiana’s guidelines allow for a modification if:

• More than 12 months have passed since the last order, and

• The amount would change by at least 20% under current guidelines

Strategic Options If You Lost Legal or Physical Custody

If the judge awarded sole custody to the other parent or gave you limited parenting time, it’s not the end of the road. You can take action to improve your position over time.

Consider These Strategies:

• File for modification once you have solid evidence of changed circumstances

• Track parenting time violations or instances of alienating behavior by the other parent

• Gather school, medical, and counseling records to support your role in the child’s life

• Request reunification counseling if your contact was reduced or suspended

• Ask for parenting coordination to monitor compliance and reduce conflict

Custody cases are rarely static. Judges are open to adjusting custody when it benefits the child and the petitioning parent has made meaningful improvements.

What If I Lost Due to Poor or No Representation?

Sadly, many parents lose family court cases because they represented themselves or had ineffective legal help. This can feel especially frustrating. While not every mistake by an attorney justifies relief, you still have legal options:

• You may appeal if trial errors affected the outcome

• You can request a modification based on new circumstances

• You may file a Motion to Set Aside under Trial Rule 60(B) for reasons like mistake, surprise, or fraud

• You can improve your record moving forward with better legal strategy and documentation

Talk to an experienced family law attorney right away to evaluate your specific case history and determine what’s still possible.

Should I Just Wait and Hope Things Get Better?

In most cases, no. Inaction can actually hurt your chances of success later. Here’s why:

• Deadlines for appeal are strict and unforgiving

• Violations that go unchallenged may be treated as accepted behavior

• Unchanged circumstances give the court no reason to revisit the ruling

Instead, be proactive:

• Get legal advice immediately

• Begin documenting changes and violations

• Start building a record that supports your goals

The sooner you act, the more options you keep open.

FAQs: Losing in Family Court in Indiana

Can I change a custody order I disagree with?

Yes, if there has been a substantial and continuing change in circumstances. This must be shown with evidence, such as school records, witness statements, or documentation of issues in the current home.

Is it worth appealing a divorce or custody ruling?

It depends on the legal errors involved and the likelihood of success. Speak to an appellate attorney to evaluate your case. Appeals should only be pursued when strong legal arguments exist.

Can I get more parenting time after a bad ruling?

Yes. Many parents increase parenting time over time through modifications, especially when they show stability and child-focused behavior.

What if my ex is violating the court order?

You may file a contempt motion or request enforcement of the order. Repeated violations can support a modification of custody or parenting time.

What if I wasn’t able to present my side?

You may be able to seek relief under Trial Rule 60(B) if you missed the hearing due to mistake, excusable neglect, or another qualifying reason. Act quickly, as these motions are time-sensitive.

Final Thoughts: You Still Have Power

Losing a case in family court is not the end. You still have legal rights, and the law allows for change when circumstances change. Whether through an appeal, a modification, or a strategic motion, you can still protect your relationship with your child and your future.

📞 Call or text Vining Legal at (317) 759-3225 or visit indianalawyer.esq/contact to talk about your next step.

We’re here to help you regroup, refocus, and move forward with strength and strategy.

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• What's the main difference between a final order and an interlocutory order in Indiana family court?

  A final order resolves all the outstanding issues in your family court case, effectively bringing it to a close at the trial court level. Examples include a final divorce decree or a final custody order. In contrast, an interlocutory order is a temporary or preliminary order that addresses specific issues while the case is still ongoing, such as temporary support or temporary custody arrangements. Generally, only final orders can be appealed.

• If I disagree with a family court's decision, does that automatically mean I can appeal it in Indiana?

  No, simply disagreeing with a family court's decision is usually not enough to warrant a successful appeal in Indiana. Appeals are typically based on specific legal grounds, such as errors of law, abuse of discretion, insufficient evidence, procedural errors, or fraud/misrepresentation. The appellate court reviews whether the trial court made a legal mistake, not whether it made the "right" factual decision according to your perspective.

• What are some common legal reasons someone might appeal a family court ruling in Indiana?

  Some common legal grounds for appealing a family court decision in Indiana include:

  • Errors of Law: The trial court incorrectly applied the law.

  • Abuse of Discretion: The trial court's decision was clearly unreasonable based on the facts.

  • Insufficient Evidence: The court's factual findings weren't supported by the evidence presented.

  • Procedural Errors: Mistakes were made during the legal process.

  • Fraud or Misrepresentation: The decision was based on false information.

• What's the first step someone needs to take if they want to appeal a family court decision in Indiana?

  The first critical step in appealing a family court decision in Indiana is to file a Notice of Appeal with the trial court within the specific timeframe, which is typically thirty (30) days from the date the final order is formally entered. Missing this deadline will likely result in the dismissal of the appeal. It's crucial to consult with an attorney immediately to ensure this step is taken correctly and on time.