Legal Question in Family Law in Texas

The non-custodial parent has the right to go the court and ask to be declared the primary parent.

If the non-custodial parent does not do anything, the someone has to take custody of the child while the custodial parent is in jail.

It is impossible to fully address your question since you did not give enough details.

The child needs to be enrolled in school and not have his/her life totally disrupted. Hopefully the parents can work together to insure that the child's life is not turned upside down. This is what the judge will look to do. The judge will look out for the "best interests of the child" according to the TX Family Code.

I cannot tell what county you live in. You might want to talk to a family law attorney in your county. Look on this website & www.avvo.com for an attorney.

How long the custodial parent is going to go away would also be relevant. If it's a short time, then it's not a big deal. If it's a long time, then someone needs to be determined who will take the child to the doctor, enroll the child in school, etc.

Good luck!