Legal Question in Family Law in Texas

It depends on a couple of factors.

First, did he sign an acknowledgement of paternity or are mom and dad married? If so and there are no orders in place, he can go get the child. Depending on local law enforcement, that can be easier said than done.

Second is there a court order, such as a determination of parentage, order in suit affecting the parent-child relationship, or divorce decree that gives him legal rights to the child? If so, these documents or orders would establish his rights and he can come get the child, if the orders allow him to. However, in either of these cases, unless the order provides otherwise (e.g. through a right of first refusal), the mom can leave the child in the care of another while she is gone and the father has no right to interfere with that. After 6 months, he can file for a change in conservatorship and probably get the child full time, if he has been exercising all his visitation and is not otherwise disqualified.

If he has none of that, he will first have to establish his rights, then he can exercise them.