Legal Question in Family Law in Florida

Custody of Child Born While Mother Incarcerated

My wife is 5 months pregnant. She was recently arrested

for DWLS/R and giving false information to L.E.O. I bonded

her out the same day. About 2 weeks later she is placed on

6 months probation. About a month later, she is at work at

a Kwik King and had a few minutes free time so she

purchased a few lottery tickets and scraches them off.

Well the security camera picked up her getting the tickets

but failed to notice that she paid for them out of her own

pocket. About 4-5 days later, the store owner, the

district manager and a Sheriff's Deputy arrive at the store

to have my wife arrested for Retail Petit Theft. Luckily I

was able to bond her out again. My problem is this, she

goes to court this wednesday, January 31st. If the judge

were to sentence her to jail for more than 4 months, which

is when the child is due, who will get custody of the

child? Will I be able to get the child without hassle or

will the state seize custody? I really NEED to know

A.S.A.P. I have very limited time so please respond

quickly.

1 Answer from Attorneys

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