Can I Get Custody of My Son if Mother Goes to Jail

My question involves a child custody case from the State of: I am a government employee working in Germany. My son lives with his mother and her other children in Alabama. She is going to court this month for violation of parole and was told she could spend 6 months to a year in jail for the new assault charge. Being that I live out of the country, and we have joint custody, can I claim custodial parent to the courts? I don't want me son to be turned over to child services. I will do whatever to have him safe and in a loving family.

P.S. There are more issues with her and lots of priors before this new incident.

How old is your son, and when was the last time you saw him?

How much contact do you have?

(This is likely going to be key)

My son is going to be 8 next month. The last time ii saw him was October, but we stay in contact quite often through phone and skype. Everytime we talk he always says he wants to stay with me, don't know if that will make a difference or if that will be another deciding factor.

How long have you lived in Germany, and how often did you see him before you moved?

Perhaps more to the point - what are the current custody orders?

I have been here in Germany for about 5 yrs now, and am moving back to the U.S. within the next 6 months. As far as custody orders, we don't have any. When my son was born, we agreed that she will be the custodial parent. Now, after all the facts have come to light, i see that it is not in his best interest to stay there. There were a lot of unexcusable circumstances that lead to this point. We have never been to a lawyer or court for custody, we just both mutually agreed.

Are you legally his dad?

Yes, i am legally his dad. I am on his birth certificate and because i was in the military at the time of his birth, we had a paternity test done, and ofcourse i am his dad.

So just found out she has been convicted of drugs, either possession or distribution, convicted on domestic violence and now this new harassment charge. I know it is not safe for him there.

You need to retain an attorney in the correct jurisdiction (wherever your current custody orders are).

Got custody of my son :)