German/American divorce in Texas

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Foxglove

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Hello, my husband is American and in the Air Force. I'm German. We got married in Germany and lived there for most of our marriage. We've lived in Texas for almost a year. Our son was also born in Texas.
I have a few questions:

1. Would we have to file for divorce here, even though we're both not from Texas?

2. Did I understand it right that I have absolutely no chance of sole custody because our son was born in America?

3. Am I allowed to leave the states with our son or do I need a written permit of my husband that states that he is fine with that.

4. Could I file for divorce in Germany since that's where we spend most of our marriage?

I am really scared that I will be stuck here in the states and won't be able to take our son back to Germany with me and that my husband would accuse me of child abduction if I would just pack my things and leave. I don't want to cut him off and he would still be allowed to see his son, but I want to have sole custody in case of a divorce and I want to be able to move my son and me back to Germany.
Thank you so very much and I appreciate every advice.
 
You need to speak with a lawyer in your area.
Yes, you can file for divorce in Germany.
But, that won't address the child custody and support matters properly.
As your husband is an active military member, you can file for divorce here in Texas.
It's highly unlikely, unless hubby supports it, that a Texas court will allow the lawful removal of your child from the US.
If you and he can agree on the issues surrounding the divorce, it'll be easier for all three of you.

You can forget sole conservatorship (that's what we call sole custody in Texas), he'd have to be a very extreme person for that to even be considered. If he were, he wouldn't be serving actively in the AF.

Because he's an active military member, the child is entitled to many US government benefits.
I suggest you see an AF JAG (legal officer) ASAP.
He or she will apprise you of certain benefits you might also be entitled to receive.
Knowledge is power. Good luck and God protect you.
 
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