Legal Question in Family Law in Texas

As the parents, you and dad can agree to any possession schedule that you want (presuming it is in the best interests of the child). Dad does not have to become the primary parent legally for your son to be able to live with him most of the time.

However, if dad is currently under an order for payment of child support, he will most likely want that suspended. He won't want to have primary possession of the child and STILL have to pay out child support. While you and he can agree to suspend his payments off the record, the child support order is still the only orders in effect and dad could end up with a large amount of past due child support. If it's a large enough sum, the office of attorney general may get involved and that will start a legal proceeding even if you and dad didn't want one.

Hope that helps.