Legal Question in Family Law in Indiana

This is a two part question.
My ex-wife has primary custody of our 12 year old son. We all live in indiana, but different counties.
The first part of the questions is:
My ex-wife went to Australia for 3 weeks to visit a guy she met on the internet. She left her other two children and my son at home with her mother to watch them.
Since she left the country would the custodial right go to me for the time she is gone? Meaning I can go get my son and keep him for whatever time she is gone? Or because her mother is there do I have to follow the same guidelines of every other weekend?
The second part of the questions is:
If I want to take her back to court to get at least joint custody do I have to file in the original county that we set the visitations up in?
Neither of us still live in that county. Or do I need to file in her county, or can I file in my county?
I want to get an attorney from the county we will be going to court in, I know it is better to do so because the attorney will already have a report with the judge overseeing the case.
Thank you in advance.

Asked on 5/20/11, 7:35 am

0 users found helpful

0 attorneys agreed

1) If her mother does not live with her, you have your right of first refuisal.

2) Consult with a local attorney to see whether you really want to make any court changes.

Answered on 5/21/11, 8:46 am

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