My son's father and I have joint legal custody but he has primary physical custody. I just found out that he is in jail for 2 months and also got arrested back in April for drugs charges in another state. This is his second offense so therefore he will be pulling some time. Since he is in jail does that mean that the custody falls to me or can his mother refuse to give my son to me for any reason. Also he can't sign over his rights without me knowing can he? Can his mother do anything to keep me from having him?