02/22/2026
Why Text Messages Can Win or Lose Your Indiana Family Law Case
If you’re involved in a custody case in Indiana, you may think the most important evidence will be court testimony or parenting schedules. What many parents do not realize is that text messages often become some of the most powerful evidence judges review and consider before making custody and parenting time decisions.
Brief Explanation of Indiana’s “best interest” of the child(ren) standard.
In Indiana family law, Indiana Code § 31-17-2-8, is the controlling legal principle courts use when determining custody and parenting time, which provides that the court shall determine custody “in accordance with the best interests of the child.”
The statute directs the court to consider all relevant factors, including:
1. The age and s*x of the child
2. The wishes of the child’s parent(s)
3. The wishes of the child, with more consideration given if the child is at least 14 years old
4. The interaction and interrelationship of the child with:
o Parents
o Siblings
o Any other person who may significantly affect the child’s best interests
5. The child’s adjustment to:
o Home
o School
o Community
6. The mental and physical health of all individuals involved
7. Evidence of a pattern of domestic or family violence
8. Evidence that the child has been cared for by a de facto custodian, and related factors
For parenting time determinations, Indiana Code § 31-17-4-1 similarly provides that a noncustodial parent is entitled to reasonable parenting time unless it would endanger the child’s physical health or significantly impair the child’s emotional development.
If custody is being modified, Indiana Code § 31-17-2-21 requires:
• A showing that modification is in the child’s best interests, and
• A substantial change in one or more of the statutory factors listed in § 31-17-2-8.
Why Do Text Messages Matter in Indiana Custody Cases?
Judges examine how parents communicate and cooperate regarding, custody, parenting time, and other child-related matters in making a “best interest” determination. Communications, especially direct messages (i.e. OFW messages, text messages, etc.) can show:
• Conflict resolution style
• Co-parenting cooperation
• Decision-making about school, therapy, and activities
• Agreements between parents
How Text Messages Can Help or Hurt.
Helpful messages include respectful, child-focused communication.
Harmful messages include aggressive language, threats, excessive texting, involving the child(ren) in adult issues, interference with your co-parent’s parenting time, household and routine parenting choices.
Can Text Messages Change a Custody Outcome?
Yes. Written communications can confirm parenting time issues, document behavior patterns, and establish timelines.
How to Preserve Messages.
1. Do not delete messages.
2. Take screenshots but keep originals.
3. Back up your phone and a cloud.
4. Avoid editing conversations.
5. Use structured communication apps when
possible.
6. Consult with your attorney at Eimerman Law for
other useful applications and tools in preparation
for litigation.
What If You Sent Messages You Regret?
Courts look at patterns over time. Positive communication moving forward still matters. One of the worst things you can do is attempt to hide or deny a concerning communication. Our experienced attorneys at Eimerman Law are here to navigate through each element of your case and will develop a plan to improve your co-parenting relationship and communications moving forward.
Best Practice Advice:
Assume every text, post, E-mail, and other forms of communications will be utilized in Court and considered as a part of the Judge’s “best interest” analysis of your case. Focus on deescalation and formatting appropriate child-related responses to your co-parent.
