Legal Question in Family Law in Texas

No, you are not breaking the law but the grandparents will probably not just give him to you. Unless you have a good relationship with them they will probably call the police, who may or may not allow you to take him. My guess is they won't just because of the liability. At this point, the court might have to be involved because the child has established his residency in that state and with the grandparents if he has lived there 6 months (Texas is 6 months but the other state might be a different time) If he has lived there a while you will probably have to bring the action in that state. Your best bet is to contact them first and try to discuss the situation and come to some agreement about what is best for your son. Maybe you bring him to visit you several times and then he moves with you this summer after school is out. The grandparents will want assurances from you that they will continue to see your son because they have probably been his caregivers, on and off, during his lifetime. The cheapest and best option for you and your son is to work this out between yourselves without the court.