The court can only award custody to a party before the court. That means that if the lawsuit is only between you and the child's mother, the court must chose between the two of you. Now, the grandmother could intervene and ask for temporary conservatorship, but unless she does that, it would not be proper for the court to award temporary custody to the grandmother.
Temporary orders, for the most part, cannot be appealed, therefore we sometimes see some strange things ordered on a temporary basis even when a court would not make that same order on a final basis.
I would strongly urge you to hire an attorney. Child custody cases are complicated battles and if you are in another state, you've added an entirely new level of complication to the matter. (Also, the judge is not likely to enter a TO sending the child out of state.)
I agree with the first answer... have you considered moving back to Texas? It would certainly give you better standing to argue for possession and custody.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.
The answers above contain good advice. FYI - There are professionals that assist families in reunification. If you are going to try to get custody of your child, it would be wise to utilize a counselor that has experience in this area as your child will certainly need time to adjust to things. There's a good chance that the court would order this type of counseling as well. Best of luck.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor constituting an attorney-client relationship. This attorney is licensed in Texas.
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