Your post is confusing but it sounds like you are asking if a jail sentence somehow changes custody, and the answer is no. To change custody, one of the parents has to take the other parent to court, and that should be done with a lawyer.
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A noncustodial parent does not automatically gain primary custody of their child unless the custodial parent passes away.
For your husband to obtain primary custody of his daughter, he will have to file an action to modify the current custody order. Since the order was issued in Georgia, GA maintains jurisdiction to modify the order. Your husband should consider contacting an attorney in his area to discuss his options.
I hope this information helps answer your questions.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
See my AVVO Legal Guides on child custody and the Uniform Child Custody Jurisdiction and Enforcement Act.
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