Legal Question in Family Law in Washington

It depends upon many factors. Divorce requires that the Court divide all property and debts, approve a parenting plan and set an amount for child support. These four areas must all be addressed by the court and none can be left out of the process. As long as there is no divorce case started, with no temporary parenting plan in place and no child support set, you are in a "no man's land" from a legal standpoint. If you let your husband take your son out of your presence, you risk experiencing the situation where your husband doesn't return your son to you. Your situation requires a court imposed legal structure or arrangement to be put in place so that you and your child have some degree of protection. I would not wait until later but would take action now. Good Luck!