Legal Question in Family Law in Texas

Assuming that no court proceedings are underway, yes, it's legal for you to take your child wherever you wish. The realistic downside of doing that, though, (especially if your plan is to leave without notice) is that it can seriously antagonize the other parent, and can sometimes be the first step toward what ends up being an all out custody war, with nasty accusations and legal proceedings thrown back and forth for years. At the very least, it's hard on the child an it will probably look bad to a judge that you took off to another state with the child. There's also the consideration that without court orders in effect, he could perfectly legally turn around and do the same thing to you. So trying to resolve the situation by leaving the state without going to court may not be the best long-term solution. The one real exception to this would be if there's been a domestic violence situation or some sort of mental illness or other behavior on his part that scares you and makes you question your and your child's safety--in that case, try to document things the best you can and get out. Good luck.