Legal Question in Family Law in Texas

Primary conservatorship is determined by looking at all of the facts. You have given us one fact; that your husband is in jail. Is your husband the father? Are you the mother? Are there any problems with the other parent if it is not one of you?

There is no way to properly answer this problem. You might want to resubmit it and give details as to the situation. For example, if you are the mother of the child, then you have the rights of a parent until a court says otherwise. If the child is your step-child, then what is the situation with the biological mother?