Legal Question in Family Law in Texas

Without a court order, you're pretty much out of luck. Both parents otherwise have full parental rights to your son, which means that either of you can basically do whatever you want in terms of allowing or not allowing the other parent access to the child. The only way to alter that is to file what's called a SAPCR ("Suit Affecting Parent-Child Relationship"), which can be filed either separately or as part of a divorce. Once it's been filed, you can ask the court to put temporary orders in place which will restrict both you and your wife in terms of when each of you can have him, will set out child support, and will define what rights and duties each of you have as to things like education and medical care while the suit is pending. Good luck.

Damien:

I agree with what Ms. Foley has stated in her response to you. From your question, I am not clear as to whether paternity has ever been established between yourself and the child. In either event, you need to get with a competent and experienced attorney to asist you with this matter, and the sooner the better. I am a board certified specialist in the field of family law practicing in the general Houston area. I would be glad to discuss the options available to you if you would contact me directly at 713-600-5500.