Your facts are a bit unclear (especially whether your ex is in jail, or not). In any event, there is a big difference between legal and physical custody. First, I suggest you do a bit of background reading, and then I suggest you consult with a qualified family law specialist about either sole custody, or a possible termination of parental rights. For background, see:
http://willicklawgroup.com/child-custody-and-visitation/
http://willicklawgroup.com/child-support/
http://willicklawgroup.com/termination-of-parental-rights/
Answered on Feb 09th, 2014 at 4:58 PM