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Preserving Issues for Appeal in Indiana Family Law Cases: What You Must Do at Trial

If you are in the middle of a intense custody fight, support battle, or complex divorce in Indiana, it is totally normal to focus on the next hearing and the next ruling. But what many people do not realize is that the way your trial is handled can quietly decide whether you have a real shot at an appeal later.

This is the heart of preserving issues for appeal in Indiana. If your concerns are not properly raised, objected to, and made part of the record at the right time, the Indiana Court of Appeals may treat them as waived, even if the judge clearly got it wrong. The appellate court reviews the record that already exists. It does not recreate your trial or fix what was never preserved. This guide is built to be a practical resource for people going through Indiana family law cases who want to understand how to protect their rights, not just at trial but also on appeal.

Introduction

People usually only start thinking seriously about appeals after they receive a final order that feels unfair. By that point, however, the foundation for any Indiana family law appeal has already been built at the trial level. The Indiana Court of Appeals does not hold a new trial, hear from new witnesses, or accept documents that never became part of the evidence. It takes the record from the trial court and asks whether the judge made legal or procedural mistakes that justify changing the outcome.

Because of that, preserving issues for appeal Indiana, making a record for appeal Indiana, and making timely family law trial objections Indiana are not “extra” technical steps. They are the core of an effective appellate strategy Indiana.

What Does It Mean To “Preserve” An Issue For Appeal

Preserving an issue for appeal basically means doing what you have to do in the trial court so that the appellate court is allowed to review that issue later.

In Indiana, that usually requires:

Raising the issue clearly in the trial court, either in a motion, an objection, or argument.
Asking the judge to rule on it so there is an actual decision to appeal.
Making sure everything relevant is captured in the record that will be sent up if there is an appeal.

Indiana appellate courts regularly stress that issues are waived when they are not presented to the trial court in a timely, specific way. This includes both procedural problems and arguments about evidence or law.

Why Preservation Matters In Indiana Family Law Cases

Indiana family law appeals are narrow and technical. The Court of Appeals is not deciding whether it would have reached a “better” result. It is deciding whether the trial judge made an error that Indiana law allows it to correct.

Three big realities shape every appeal:

Appeals are record‑based. The appellate court reviews the record on appeal, which includes the clerk’s record (pleadings, motions, orders, exhibits filed with the clerk) and the transcript of proceedings.
No new evidence. You cannot fix a missing piece of evidence by attaching it to your appellate brief. If it is not in the trial record, it basically does not exist for appeal purposes.
Waiver is unforgiving. If you did not object, did not raise the issue, or let something slide at trial, Indiana appellate courts will almost always treat that issue as waived on appeal.

There are a few narrow exceptions like “fundamental error,” but those are rare and usually do not apply in civil family law cases. For most parents and spouses, no preservation at trial means no review on appeal.

Common Ways Parties Lose Appellate Rights At Trial

From the outside, it can look like people “lose” on appeal because the Court of Appeals disagreed with them. In reality, many appeals are effectively lost in the trial court through preservation mistakes.

Not making timely, specific objections

Indiana Evidence Rule 103 says that to challenge an evidentiary ruling on appeal you must have made a timely objection that states the specific ground, unless that ground is obvious from the context. A vague “objection” or total silence usually will not do.

Common scenarios where this trips people up:

The other parent testifies about what a child supposedly said, and nobody objects to it as hearsay.
A social media screenshot is offered into evidence with no real foundation, and no one objects to relevance or authentication.
A party pulls out surprise financial records at trial, despite prior discovery issues, and no one objects or asks for a continuance.

On appeal, the court will often say, “There was no objection, so the issue is waived,” even if the evidence really should not have been admitted.

Unrepresented or under‑prepared parties in final hearings

Many people walk into final hearings without a lawyer or with someone who is unfamiliar with the Indiana Rules of Evidence or appellate implications. That can be risky.

Self‑represented parties might:

Agree to let documents in “subject to admissibility” but never actually object when the time comes.
Answer leading or confusing questions without recognizing they might be waiving issues.
Fail to ask for findings of fact and conclusions of law in complex cases, limiting what can be argued on appeal.

The appellate court will not relax preservation rules just because someone did not have a lawyer. Waiver rules apply to everyone, which is one reason contested family trials are tough to handle alone.

Relying on informal agreements that never hit the record

Family courts often encourage cooperation. Lawyers and parties might work things out in hallway conversations or chambers conferences. That can be healthy for resolution, but dangerous if important details never make it onto the record.

This can look like:

Agreeing off the record that certain exhibits will not be offered, or that certain testimony will be limited, without memorializing why.
Hammering out a parenting time tweak with the judge in chambers, then never reviewing it on the record in open court.
Discussing a big evidentiary ruling at sidebar, but the court reporter is not capturing that conversation.

If you later claim on appeal that a ruling was unfair or evidence was wrongly excluded, the appellate court has to see what actually happened. Without a clear record, it may have nothing to review.

Raising arguments too late or not at all

Another common preservation mistake is raising a legal theory for the first time in the appellate brief.

For example:

Arguing on appeal that the court lacked jurisdiction under the UCCJEA, when jurisdiction was never questioned below.
Claiming the child support guideline was misapplied, when no one challenged the calculation or asked for findings at trial.
Arguing constitutional due process problems about notice, when no objection was made before or during the hearing.

Indiana appellate decisions emphasize that issues not raised at the trial level generally cannot be raised for the first time on appeal.

Making A Clean Record For Appeal In Indiana

When lawyers talk about making a record for appeal, they are really talking about building the foundation the appellate judges will later rely on. You cannot create that foundation after the case is over.

What the record on appeal includes

Under the Indiana Rules of Appellate Procedure, the record on appeal consists of the clerk’s record and the transcripts of all or part of the proceedings, if requested.

The clerk’s record normally includes: the Chronological Case Summary (CCS), all pleadings, motions, responses, orders, and any exhibits filed with the clerk.
The transcript is the word‑for‑word record of what was said in hearings and trial, prepared by the court reporter after a Notice of Appeal is filed and a transcript is requested.

The appellate court uses only this record to decide if the trial judge made errors. If something important about your custody, support, or property issues is not in these materials, it basically does not exist for appellate purposes.

A simple example timeline

In a typical Indiana family law case that might later be appealed, the record might include:

Initial petition for dissolution or custody.
Responsive pleadings and counterclaims.
Temporary orders and pretrial rulings.
Motions to continue, motions in limine, or discovery motions.
Exhibits like school records, financial documents, emails, or social media posts that were filed and admitted.
The transcript of your final hearing or trial.
The final order or decree, ideally with detailed findings.

If the appeal is about a particular ruling, like a relocation decision or a disproportionate property award, the appellate panel will be looking for where and how that issue shows up in this timeline.

How you and your lawyer can help build a clean record

You do not need to know every rule number, but you can ask helpful questions, such as:

“Are all the important documents in my case actually filed with the court, not just exchanged between lawyers”
“When the judge ruled on that objection or motion, did we get that ruling stated clearly on the record”
“If the judge did not allow a witness or exhibit, did we make sure there is something in the record that explains what was excluded”

Before and after trial, it is helpful to work with your attorney to confirm that key evidence has been marked as exhibits and either admitted or clearly offered and ruled on. This is crucial for making a record for appeal Indiana that the Court of Appeals can actually work with.

Objections At A Family Law Trial: When And How

Objections feel uncomfortable for many people. They interrupt testimony, they can seem confrontational, and sometimes judges look annoyed. But from an appellate standpoint, timely, specific objections are essential.

Indiana Evidence Rule 103 lays out the core requirement: a timely objection or motion to strike, stating the specific ground, is needed to preserve a claim of error in admitting evidence.

Some everyday family law examples

Hearsay in parenting disputes

Opposing counsel asks a parent, “What did your child tell you about wanting to live with you full time”
Your lawyer should consider a hearsay objection, unless a specific exception applies.
If the judge overrules the objection and allows the testimony, the issue is preserved for appeal because the objection and ruling are in the transcript.

Relevance in social media evidence

The other parent tries to introduce a years‑old social media post that has nothing to do with your child’s current life.
Your lawyer might object that it is not relevant or that any tiny relevance is outweighed by unfair prejudice or confusion.
The judge’s ruling on that objection may later be examined by the Court of Appeals.

Foundation for documents

Someone offers a screenshot of a bank account with no explanation of whose account it is, when it was pulled, or how it was obtained.
Your lawyer can object for lack of foundation or authentication.

What if the judge overrules the objection

Many people assume that if the judge overrules their objection, that objection did not “work.” In a trial sense, it did not change the ruling. But in an appellate sense, it did its job.

Even when the objection is overruled, it flags the issue for the record and gives the appellate court something concrete to review. Without that objection, there is usually nothing to appeal on that evidentiary issue.

Offers Of Proof And Excluded Evidence

Sometimes the judge sustains the other side’s objection and keeps your evidence out. Maybe it is a therapist, a teacher, or a key financial document. Even if you think the judge is wrong, that does not automatically create an issue the appellate court can fix.

To preserve this kind of issue, you usually need an offer of proof.

Under Indiana Evidence Rule 103, when evidence is excluded, a party must inform the court of the substance of the evidence by an offer of proof, unless the substance is apparent from the context. An offer of proof basically says, on the record:

Who or what the excluded evidence is.
What that person would have said or what the document would show.
Why it matters to the issues in your case.

A practical example: therapist testimony

Imagine this scenario in a custody dispute:

You call your child’s therapist to testify about the child’s adjustment and each parent’s involvement.
The other parent objects, maybe on grounds like privilege or hearsay.
The judge sustains the objection and says the therapist cannot testify at all.

If your attorney simply says “Okay” and moves on, the Court of Appeals later will not know what the therapist would have said. There is no way to assess whether excluding that testimony was harmful error.

A better approach for preserving the issue:

Your lawyer asks to make an offer of proof, possibly outside the presence of the child or certain witnesses if needed.
The therapist then briefly answers the key questions on the record, or your lawyer summarizes the expected testimony.
Now the appellate court can see what was kept out and evaluate whether exclusion was an abuse of discretion.

Offers of proof are not disrespectful to the judge. They are a normal, accepted tool that Indiana appellate and trial courts expect lawyers to use when they believe excluded evidence is important.

Protecting Appellate Issues In Custody, Support, And Property Division Trials

Preserving issues for appeal Indiana looks a little different depending on what part of your family law case is being litigated.

Custody and parenting time

Custody decisions are often reviewed for abuse of discretion or whether findings are clearly erroneous. To protect your appellate options, the record should show:

Evidence about each relevant best‑interest factor, including things like the child’s adjustment to home and school, the mental and physical health of all involved, and any parental alienation concerns.
The reasons for any supervised parenting time or restrictions, not just that they were ordered.
Objections to unreliable or prejudicial evidence, especially hearsay about what children supposedly said or social media used out of context.

If relocation is involved, preserving the record on the relocation statute, the required factors, and how the court applied them can be critical on appeal.

Child support and spousal maintenance

Support orders often turn on:

How income was calculated or imputed.
Whether deviations from the guidelines were justified.
How extraordinary expenses or arrears were handled.

To preserve potential issues:

Make sure evidence of income, including self‑employment or fluctuating income, is clearly in the record.
If you believe the court misapplied the child support guidelines or ignored a relevant factor, say so on the record and, where appropriate, in a post‑trial motion.

Property division and business interests

Indiana generally presumes an equal division of marital property but allows deviations based on statutory factors. In practice:

If the court veers significantly from a 50/50 split, requesting findings that explain why can help preserve appellate issues.
For business interests or real estate, presenting solid valuation evidence, objecting to unsupported valuations, and challenging misclassification of assets all become part of the record that an appellate court can later review.

Post‑Trial Motions And Their Role In Appeals

Even after trial, you still have important choices that affect your appellate strategy Indiana. Post‑trial motions are not always required, but they can be powerful tools when used correctly.

Motion to correct error

Indiana Trial Rule 59 governs motions to correct error. A motion to correct error is not usually a prerequisite to appeal, except in specific situations like newly discovered evidence or challenges to jury verdict amounts. But in family law, it can still be very strategic.

A motion to correct error can:

Flag clear legal or factual mistakes in the order and give the judge a chance to fix them.
Clarify or expand the court’s findings, which can make your appellate issues sharper and more persuasive.
Build a stronger record by attaching supporting materials or pointing the court to overlooked evidence.

For example, if a child support order obviously miscalculates income or uses the wrong guideline table, a motion to correct error can ask the trial court to correct that without needing a full appeal. If the court refuses, that refusal itself becomes part of the record on appeal.

Deadlines matter

In Indiana, a Notice of Appeal typically must be filed within 30 days of the final judgment or an appealable order. Certain post‑trial motions have their own 30‑day filing deadlines, and they interact with appeal timelines in specific ways. Missing a deadline can waive your appellate rights altogether, which is why talking with an appellate‑savvy attorney quickly after an unfavorable order is so important.

Working With Trial And Appellate Counsel As A Team

Not every case needs an appellate lawyer involved from the beginning, but some definitely do. When your case involves complex facts, high conflict, large assets, or cutting‑edge legal questions, having someone focused on appellate strategy alongside your trial attorney can be a real advantage.

Appellate lawyers think in terms of:

Standards of review: abuse of discretion, clearly erroneous findings, or de novo review of pure legal questions.
Record building: are we making sure the strongest issues are preserved and documented
Issue selection: identifying which issues are strong on appeal and avoiding reliance on weak claims appellate courts regularly reject.

In many Indiana family law cases, trial counsel and appellate counsel working together can help ensure objections are made when needed, offers of proof are used properly, and post‑trial motions are filed strategically when they will actually help.

How Ciyou & Associates, P.C. Can Help

If you are preparing for a contested family law trial in Indianapolis or anywhere in Indiana, or you already have a final order and are thinking about appealing, you do not have to navigate preservation and appellate strategy alone.

Ciyou & Associates, P.C. has substantial experience handling both trials and appeals in Indiana family law matters. The firm’s resources explain the Indiana family law appeal process, key appellate deadlines, grounds for appeal, and how Indiana’s appellate courts approach family law cases.

By working with a team that understands both sides of the courtroom, you can:

Build an intentional plan for preserving issues for appeal Indiana from the very first hearing.
Make a thorough record for appeal Indiana, including smart handling of objections, offers of proof, and written findings.
Pursue an appeal that focuses on strong, well‑preserved issues instead of scrambling after the fact.

If you are facing a difficult custody, parenting time, support, or property division case and want to protect your rights at both the trial and appellate levels, you can contact Ciyou & Associates, P.C. at (317) 210-2000. The firm serves clients in Indianapolis and throughout Indiana, including Carmel, Zionsville, Noblesville, Fishers, Westfield, Geist, Greenwood, Greenfield, Brownsburg, Avon, and surrounding communities.

Disclaimer

This blog is for informational purposes only and is not legal advice. Reading it does not create an attorney‑client relationship with Ciyou & Associates, P.C. Indiana laws, court rules, and appellate procedures change over time, and how they apply to you depends on your specific facts. You should consult with a licensed Indiana attorney about your own situation before making decisions about trial strategy, preserving issues for appeal, filing post‑trial motions, or starting an appeal.

Frequently Asked Questions

What does it mean to “preserve” an issue for appeal in an Indiana family law case?

Preserving an issue for appeal means raising it in the trial court, getting a ruling, and making sure that issue and ruling appear clearly in the record on appeal. This usually requires timely, specific objections, appropriate motions, and sometimes offers of proof when evidence is excluded. If you do not do this, the Indiana Court of Appeals will often treat that issue as waived.

What happens if my lawyer did not object during my custody or divorce trial?

If your lawyer did not object to problematic evidence or procedures, Indiana appellate courts normally consider those issues waived, which means they will not review them on appeal except in rare circumstances. That does not necessarily mean you have no options, but it limits what the appellate court can do. You should talk with an appellate attorney quickly to see if any reviewable issues remain or if other remedies, like modification or certain post‑trial motions, might be available.

How do I make sure the record is complete for my Indiana appeal?

A complete record means that key documents are filed with the court, important testimony is captured in the transcript, and exhibits are clearly marked and either admitted or offered and ruled on. If you appeal, your lawyer must also correctly request the clerk’s record and transcript within the deadlines in the Indiana Rules of Appellate Procedure. You can help by working with your attorney during trial to confirm that crucial evidence and rulings are on the record.

Can I bring up new evidence or arguments on appeal that were not presented at trial?

Appeals are not new trials. Indiana appellate courts review only the trial court record, and they generally will not consider new evidence or legal theories raised for the first time on appeal. If significant new evidence arises or you discover a major problem after judgment, your lawyer may instead consider a motion to correct error, a motion for relief from judgment, or a future modification action, depending on the situation.

When should I speak with an appellate lawyer about my Indiana family law case?

You do not have to wait until you lose at trial to talk with an appellate lawyer. In complex or high‑risk cases, it often makes sense to involve appellate counsel before a final hearing so preservation and record‑building are baked into your trial plan. If you already have a final order that seems legally or factually wrong, you should contact an appellate attorney immediately because Indiana appeal deadlines are short, and some post‑trial motions must be filed within 30 days.

To discuss preservation, appellate strategy, or a potential appeal in your Indiana family law case, you can contact Ciyou & Associates, P.C. at (317) 210-2000.

Citations

Indiana Rules of Evidence, Rule 103, Indiana Judicial Branch, https://rules.incourts.gov/Content/evidence/default.htm
Indiana Rules of Appellate Procedure, Rule 2, Indiana Judicial Branch, definition of “Record on Appeal,” https://rules.incourts.gov/Content/appellate/rule2/current.htm
Ciyou & Associates, P.C., “Preserving Your Right to Appeal: What to Do Before and After a Trial in Indiana”
Ciyou & Associates, P.C., “The Timeline of an Indiana Appeal: What to Expect from Start to Finish”
Ciyou & Associates, P.C., “How to Navigate the Appellate Process in Indiana: An In‑Depth Analysis”
Ciyou & Associates, P.C., “How Indiana’s Appellate Courts Approach Family Law Cases”
Ciyou & Associates, P.C., “Grounds for Appeal in Indiana Family Law Cases”
Ciyou & Associates, P.C., “Reversing Family Law Judgments: What Does the Indiana Appellate Court Consider”
Ciyou & Associates, P.C., “Navigating an Appeal in Indiana Family Law Cases”
Ciyou & Associates, P.C., “Indiana Appellate Deadlines: Key Dates Every Litigant Must Know”
Ciyou & Associates, P.C., “What Are Admissibility and Evidentiary Foundations”
Ciyou & Associates, P.C., “What Can I Testify to at Trial in Indiana”
Ciyou & Associates, P.C., “Four Ways to Address Not Prevailing (Losing) in a Trial Court on Appeal in Indiana”
Ciyou & Associates, P.C., “Five Considerations For A Court Order You Think Is Incorrect”
Ciyou & Associates, P.C., “Challenging Your Divorce Decree By a Motion to Correct Error and/or on Appeal”
Ciyou & Associates, P.C., “How to Appeal a Family Court Decision in Indiana”
Ciyou & Associates, P.C., “Anatomy of an Appellate Case in Indiana: Attorney Guide”
Indiana Trial Rule 59, “Motion to correct error,” Indiana Judicial Branch, https://rules.incourts.gov/Content/trial/rule59/current.htm
Indiana Rule of Appellate Procedure 9, “Initiation of the Appeal,” Indiana Judicial Branch
Indiana Legal Help, “GOING IT ALONE: A Pro Se Guide to Appeals in the Indiana Court of Appeals”
IndianaLawyer.esq, “How Hard Is It to Win a Family Law Appeal in Indiana”
Dixon & Moseley, P.C., “Three Common Mistakes That Waive or Limit the Right to Appeal”
Banks & Brower, “Appeal your Indiana Case | Indianapolis Attorneys”

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