You need an attorney. You file for temporary custody at the same time that you file for a divorce.
You can take the child with you. The problem until temporary orders in Texas is that either parent can have the child & it is not parental kidnapping since either of you can have equal access to the child. You can call the local sheriff or constable and talk to them about this matter - usually they won't get involved if a divorce is involved. So if dad gets the chid & won't return it you have no choice but to wait to court.
Please hire an attorney immediately. There are many excellent attorneys on this website so look around and select one.
I am sorry that you are goin through this, you should do whatever is in the best inteest of your child and within the law. It sounds like you need to file a divorce, seek temporary orders of support and then decide who will live where, please work with a local TX attny he or she will protect you. Take care and I hope that things work out.
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When you file for divorce you will also file a request to have a hearing on temporary orders. Until that time either parent can care for the child. Issues to consider will be that a living situation will have to be figured out by yourself and your husband unless the divorce will be amicable.
It is usually best to find a place to stay during the interim time if you think you will not be able to stay in the home. If you are worried for the child's sake during the interim time it may be in your best interest to notify CPS of what is going on so they can be on standby to care for the child if that becomes an issue.
Most importantly contact a family law attorney in your area to work you through this process. If you cannot afford an attorney then contact legal aid to see if they can help you or send you to a pro bono attorney.
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