Can Custody be Changed if the Custodial Parent's Leaving the Child With Grandparents

My question involves a child custody case from the State of: Texas

I have a 8 year old son, he is now living with grandma and step grandpa.
His mom moved out to Georgia about 2 years ago. She only calls maybe 1 a month.
I would like to get full custody of my son. How hard would it be since his mom don't care for him. now she's pregnant about to have
her second child with no job or money. The grandparents only let me see my son every other weekend.

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Quoting elhumbi

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My question involves a child custody case from the State of: Texas

I have a 8 year old son, he is now living with grandma and step grandpa.
His mom moved out to Georgia about 2 years ago. She only calls maybe 1 a month.
I would like to get full custody of my son. How hard would it be since his mom don't care for him. now she's pregnant about to have
her second child with no job or money. The grandparents only let me see my son every other weekend.

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What is your current Parenting time? Standard Texas possession order? What does it say about pick ups/drop offs? What about Rights of First Refusal?

You might just be able to pickup your son.

We don't have anything thru courts so, my parenting time is only every other weekend starts on Friday till Sunday morning.

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Quoting elhumbi

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We don't have anything thru courts so, my parenting time is only every other weekend starts on Friday till Sunday morning.

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There is no court order? Were you married? Has Paternity been established? Do you pay child Support?

even if I don't have custody? I can just go pick him up and not take him back

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Quoting elhumbi

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even if I don't have custody? I can just go pick him up and not take him back

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You said there is no Custody order. If you were married when the child was born AND no Custody Order was ever put in, then you AND mom both have custody. If you weren't married or there IS a custody order, completely different story, ABSOLUTLY CAN NOT in that case.

Its a common move for a parent to just pick up with the child and move away during a divorce, since both parents have custody until a custody order says otherwise, either one can take the child anywhere they want.

No we were not married. I do pay "child support" but nothing is done thru court.
I give the money to the grandparents.
And no the paternity hasn't been establish

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Quoting elhumbi

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No we were not married. I do pay "child support" but nothing is done thru court.
I give the money to the grandparents.
And no the paternity hasn't been establish

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If that's true, you have no right to the child at all, you aren't even, legally, it's parent....Establish Paternity, then we can talk about you establishing custody.

BTW: that 'child support' you are currently paying, has, in the past, when not ordered through the courts, has been determined as a 'gift' and full, retroactive child support still ordered, SO, you maybe paying twice.

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Quoting elhumbi

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And no the paternity hasn't been establish

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then you do not have a child at the grandparents house as far as the courts are concerned. You have no right to do anything with the child. What was granted was because they wanted to.

Until you go to court and establish legal paternity, you have no rights to go near the child. In fact, if you do anything against the parent or current guardians wishes, you could find yourself facing criminal charges.

Get paternity established. Then you can argue about custody, or at least court ordered visitation.

after I get the establish the paternity and prove that he is my son, can I fight for his custody if his mom has been gone for two years