The answer is - whatever party doesn't have the child his birthday weekend is entitled to the 6- 8 visitation. Sorry.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.
Unless you've got some variation on the standard posseasion order (it doesn't sound like you do, but anything's possible), I think you're out of luck unless you can talk him into agreeing to it (sometimes offering to trade the next holiday or one of his choice works).
Section 153.314(d) of the Texas Family Code controls this, and says:
(4) the parent not otherwise entitled under this standard order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place.
Your husband is still entitled to 2 hours of visitation on your son's birthday regardless of whether it is a weekday or weekend. It is unfortunate that you and your ex are not able to co-parent and communicate about your birthday plans in order to reach a compromise.
Answers provided in advertisements such as Avvo should not be construed as legal advice and readers should not act upon the information contained herein without professional counsel. Retaining an attorney is an important decision that should not be made solely on advertisements. We invite you to contact us directly to discuss our background and experience. Please realize that merely contacting us does not create an attorney-client relationship. All clients of the firm are required to enter into a formal written agreement.