Unfortunately, you have not provided enough information for me to give you a detailed answer. Where your child currently lives is extremely important, especially if you want to be awarded custody. I suggest that you contact a lawyer immediately in Indiana before moving. Learn about how to best protect your rights and then decide if a move to Texas is really in your best interest. Good luck.
To answer your question intelligently, there are so many other things a lawyer would need to know. I notice that you posted your question from Lafayette and said that you live there, but that does not necessarily mean you "reside" in Indiana. Typically, one does not need to get a divorce in the state in which they were married, especially if neither spouse live there anymore and have not lived there for awhile. It would be worth your while to consult with an attorney, so she can ask you about all the different scenarios that might have an effect on your case, and then advise you as to what course of action (because often there is more than one) would be in your best interest. Good luck to you, and I would recommend looking for an attorney who would not only help you through this process, but also help you look out for the best interest of your son and how he might be impacted.......Christine
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