You may want to consider a Supplemental Petition for Modification. I am providing a link of the form for your review. If you already have a court order/judgment that says that you and the mother have 50/50 timesharing, you could think about apprising the court that the mother is incarcerated and that the child is currently with you full time and you request a modification to reflect what is actually occurring. You should speak to an attorney to discuss this issue further. Best of luck.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
You really need a family law attorney to guide you through this difficult process.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
It sounds like you've already filed for the modification. Get a hearing date when discovery and mediation are complete.
Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.
I agree with the judge: You need to get a family law attorney to assist you. This is very complicated and you would be well-severed to have an attorney represent you at this point. Good luck.
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.