Legal Question in Family Law in Texas

You and your husband both have equal rights to the child. Your husband has the right to come take the child and you have the right to refuse him, for now.

However, if you refuse, your husband could easily go to court and get an emergency order to have your son returned to him, if he filed for divorce.

You need to make it very clear, in writing, that you are only away for a couple of days and you intend to return on some certain date--then actually return on that certain date. Otherwise, you will be poorly positioned should your husband file for divorce.

I agree with Attorney Daley.

Since it sounds like you are headed for divorce, I'd been looked for a divorce attorney NOW. Look on this website & on www.avvo.com. Both allow you to post questions for free. The divorce will be in the county where you and your husband currently resident.

Be advised that if your husband "gets possession" of the child, he does not have to return him to you. So he might want "possession" of the child before he files for divorce because he's talked to an attorney & been advised to get the kid then file for divorce.

Unfortunately in divorce, often the kids become the pawn in the divorce proceedings.

You need to hire the best attorney that you can afford immediately. It sounds like you are going to have a "battle" on your hands. Of course, no one calls a divorce attorney when they are happy. Only unhappy people call divorce lawyers.

I now only mediate & I am a strong advocate for the mediation process. But, usually people need to go to court & get a taste for how horrible litigation truly is before mediation becomes an option.