southern
indiana
Child custody disputes are on the rise. According to the U.S. Census Bureau, nearly 1 in 4 children in America live with just one of their parents, and more than 20 million children are affected by custody arrangements every year. In Indiana alone, thousands of custody orders are issued annually—and behind each of those numbers is a family navigating emotional, financial, and legal challenges.
At Mattox & Wilson, we’ve spent decades representing parents in New Albany and across Southern Indiana in these disputes. We know how overwhelming and deeply personal these cases can be—and we know how much is at stake. One misstep or misunderstanding can turn the tide of a case. That’s why we’ve written this guide: to help you understand what can be used against you in a custody battle—and how to avoid it.
If you’re facing a custody dispute, call us at 812-944-8005 to schedule a consultation with an experienced child custody dispute lawyer. Let’s talk through your options and start building a strategy that puts your child’s best interests—and your parental rights—at the forefront.
Indiana law requires judges to make custody decisions based on what’s in the child’s best interests. That might sound straightforward, but it opens the door to a wide range of issues being raised in court—some of which might surprise you.
Below are the most common factors that can be used against a parent during a custody dispute in Indiana.
One of the most serious and immediate red flags in any custody case is a history of child abuse or neglect. Indiana courts take these allegations extremely seriously.
Yes. Even if no criminal charges were filed or a DCS report was closed, the court can consider the circumstances—especially if there is a pattern or if other concerns reinforce the allegations.
What could be used against you:
If you’ve struggled with alcohol or drug use—especially recently or without treatment—this can be a major point of concern.
Even a single DUI or public intoxication charge can raise doubts about your ability to parent safely. The key issue is whether your use affects your child’s safety and emotional wellbeing.
No, but if your alcohol use endangers your child or impairs your ability to parent responsibly, the court can restrict your custody rights or order supervised parenting time.
What could be used against you:
Having a mental health diagnosis doesn’t automatically hurt your case. Many parents with anxiety, depression, PTSD, or other conditions raise children with love and stability.
However, untreated or unmanaged mental health issues that impair your parenting—or create a risk to your child—can be used against you in court.
No. In fact, showing that you’re actively managing your mental health can work in your favor. The court wants to see consistency, support, and safety.
What could be used against you:
You don’t have to be a perfect person to be a good parent. But the court will examine your criminal history—especially if it involves violence, theft, drugs, or crimes committed in the presence of your child.
Yes, but they are weighed differently based on severity, recency, and whether you’ve demonstrated rehabilitation.
What could be used against you:
Failing to follow court-ordered parenting time, support obligations, or protective orders can come back to haunt you. Courts expect parents to respect legal boundaries—especially when it comes to the child.
One missed visit won’t hurt your case, but a pattern of inconsistency or a refusal to follow orders will.
What could be used against you:
One of the biggest unforced errors in custody cases is badmouthing your co-parent in front of your child. It’s tempting in high-conflict situations—but it’s almost always a mistake.
Courts recognize the importance of maintaining the child’s relationship with both parents. Interfering with that can seriously damage your case.
Absolutely. Screenshots of texts, Facebook posts, or even private messages can be submitted as evidence—especially if they disparage the other parent or show attempts to manipulate your child’s view.
What could be used against you:
The court will look at your ability to provide a stable, safe, and nurturing environment. If you’re constantly moving, living with unsafe individuals, or can’t meet basic needs, it may work against you.
No. But you do need to demonstrate that your living situation is safe, appropriate, and meets your child’s needs.
What could be used against you:
Courts don’t just look at how much you love your child—they look at how much time and effort you put into their everyday life. If you’ve been absent, uninvolved, or inconsistent, it can affect your case.
Yes, but you’ll need to demonstrate a clear, consistent effort to build and maintain a relationship with your child.
What could be used against you:
Introducing a new partner too soon—or exposing your child to a revolving door of unfamiliar people—can concern the court. This is especially true if your partner has a criminal record or volatile behavior.
Yes, particularly if it affects your child’s wellbeing or home life.
What could be used against you:
As custody dispute lawyers with over two decades of experience, we’ve seen more cases than we can count where someone’s Facebook, Instagram, or text messages have been brought into court. Judges take these things seriously—especially when they contradict what you’ve told the court.
Don’t delete anything that could be considered evidence—that can lead to accusations of destroying evidence. But you should stop posting anything that could be used against you.
What could be used against you:
At Mattox & Wilson, we believe in helping parents avoid landmines—not just reacting to them. Whether you’re in the early stages of a custody dispute or fighting for modifications or enforcement, we’re here to help you build a compelling, child-centered case.
We’ve represented parents throughout New Albany and Southern Indiana for decades, and we bring deep experience, compassion, and tenacity to every family law case we handle.
Need guidance from a New Albany custody dispute lawyer? Call 812-944-8005 today to schedule your consultation with our team. Let’s work together to protect what matters most.