Heller v. Heller

*261Ax, J.

The divorce action out of which this custody action arose was originally filed in the Whitley Circuit Court. Appellant, plaintiff in the original action, filed a change of venue from the county and the cause of action was venued to Wabash County where the divorce action was tried, resulting in a decree for the appellant and vesting custody of their minor child with appellant, with the proviso that if she remarried or resided out of the state of Indiana, the custody of the child was to be in the appellee.

Subsequently, appellant filed a petition to modify the custody order to permit her…