Legal Question in Family Law in Texas

I'm sorry your question makes no sense. If he's in prison he can't have custody of the children. So if he had legal custody, then a modification of custody might be appropriate.

It appears that the divorce might not have been in the State of Texas. If so, then the modification might be where the divorce was granted. If no one lives where the divorce was granted then it might move to where the children are living now.

As you can see, I don't have enough information to answer your question. Therefore, I suggest that you take a certified copy of your divorce decree or lastest legal document to an attorney and have an attorney review it. That way you would have a complete answer to your questions. Good luck.

I'd look on this website and on www.avvo.com for an attorney in your area. You did not list your zip code so I have no idea in Texas where you live.