“In the throws of passion, we made a sex tape. Does this have any bearing on child custody in Indiana?”
Probably not, despite the fact it may be embarrassing. At the broadest level, the Indiana Rules of Evidence only allow “relevant” evidence to be introduced into any given legal case. At Ciyou & Dixon, P.C. we are presented with racy photos or sex tape questions on a frequent basis.
We find in most cases, this material is not relevant because under the “best interests” standard trial courts must consider for admitting evidence, this is not relevant. Nothing about normal human sexuality and experimentation is generally relevant to child custody. Everyone has urges and impulses and most of us act on them in some way.
It is only where the behavior is outside of social norms and/or criminal that a “sex tape” may have relevance and be admissible. That is, if the act is such that it reflects on a parent’s ability to have or obtain child custody or parenting time that this is relevant to the custody inquiry before the trial court.
However, if this data exists, you should build a relationship with your legal counsel that is strong enough that you can openly and fully discuss this. A “sex tape” or anything like it is nothing the seasoned family law attorney has not dealt with before.
The ability to minimize any negative implications with such, if any, is best addressed before it is raised. This will allow you to minimize this or act to inoculate the case from this material before it becomes an issue. There are a number of legal tools, such as a trial court order that it (the sex tape) not be produced as evidence, that are available.
At Ciyou & Dixon, P.C. we believe a good attorney-client relationship is one that can weather this revelation and is one that you should not hesitate to discuss openly with you counsel. Judgment and criticism are unlikely outcomes. Instead, it is a reasoned approach to one of the many facts that may be variable in the case.