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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: WILLIAM G. BROWN KATHERINE S. BROWN Brown & Somheil Brazil, Indiana ATTORNEY FOR APPELLEE: KATHERINE A. HARMON Baxter James & Rose Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DAVID L. ALLEN, Appellant-Respondent, vs. VICKIE (WAMSLEY) PROKSCH, Appellee-Petitioner. ) ) ) ) ) ) ) ) )

No. 32A05-0412-CV-686

APPEAL FROM THE HENDRICKS SUPERIOR COURT The Honorable Karen Love, Judge Cause No. 32D03-0212-DR-171

August 17, 2005 OPINION - FOR PUBLICATION SHARPNACK, Judge

David L. Allen ("Father") appeals the trial court's order denying his motion to transfer and the trial court's order granting maternal grandmother, Vickie Wamsley Proksch ("Grandmother"), legal and physical custody of Father's son, C.A. Father raises four issues, which we consolidate and restate as: I. Whether the trial court erred by concluding that Father was estopped from challenging the trial court's jurisdiction over the particular case; and Whether the trial court abused its discretion by granting custody of C.A. to Grandmother.

II.

On cross-appeal, Grandmother raises one issue, which we restate as: III. Whether the trial court abused its discretion by ordering Grandmother to pay $4,500 of Father's attorney fees.

We affirm in part and reverse in part. The relevant facts follow. Father and Beth Manion ("Mother") had a child, C.A., who was born on July 1, 1994. Father and Mother were married in August 1994, and their marriage was dissolved in July 1995. Father and Mother's dissolution proceedings were held in Clay County. As part of the dissolution, Father and Mother entered into an agreement regarding custody and support in which they agreed that they would share joint legal custody of C.A. and that Mother would have physical custody of C.A. They also agreed that Father would pay $25.00 per week for child support. On July 5, 1995, the trial court approved the agreement, ordered the parties to comply with the terms of the agreement, and entered a decree of dissolution. Between 1995 and 1997, Father saw C.A. five to six times. In March 1997, Father filed an information for contempt against Mother and alleged that Mother was in

contempt of the trial court's dissolution order because she had "consistently denied [Father] visitation" with C.A. Appellant's Appendix at 43. In September 1999, Father filed another information for contempt against Mother and alleged that Mother had "consistently denied [Father] visitation" with C.A. and that Mother had "moved numerous times since the Dissolution of Marriage and [had] failed to advise [Father] of her whereabouts further hampering his visitation rights." Id. at 45. In December 1999, pursuant to an agreement reached between Father and Mother, the trial court entered an order that required Father and Mother "to exchange addresses and phone numbers in the event of moving or in the event telephone numbers should change, within 24 hours of any such change." Id. at 47. The order also required Mother, who was then living in Indianapolis, to provide transportation for C.A. when he visited Father. From 1999 to 2001, Father had regular visits with C.A. Father had remarried to Michelle Allen ("Stepmother"), who had two sons ("the stepsons") from a previous marriage. In the summer of 2001, C.A. was at Father's house and was playing outside with the stepsons. Stepmother looked out the window and saw C.A. "humping" the neighbor's dog. Appellant's Appendix at 447. Stepmother went outside and told C.A. to stop because it was disgusting, and C.A. told her that he was just showing the stepsons what Mother does with her boyfriends. The Department of Family Services ("DFS") later came to Father and Stepmother's house because Mother had called and told them that the stepsons were humping C.A. in their bedroom. DFS interviewed the stepsons and dropped the investigation. Thereafter, during a phone conversation with Mother, Father told her that he did not feel that it would be a good idea for C.A. to stay with him 3

during the summer. Stepmother also told Mother that C.A. was not welcome in her home for the summer. After that conversation, Father did not have any contact with C.A. until 2003 when Mother initiated this lawsuit. In June 2002, Mother left C.A. in Grandmother's care for the weekend, but he ended up staying permanently. Father continued to pay child support, but Mother used the child support payments to pay off her bills. In September 2002, Mother, who was apparently living in Hendricks County at that time, went to the Hendricks County Prosecutor's Title IV-D office and requested that the prosecutor file a request to modify child support. In December 2002, the Hendricks County Prosecutor, pursuant to Ind. Code

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