Well it depends on why you were incarcerated and if the CPS was involved in placing the children with their uncle. The law is that the parental parent can at anytime file a motion with the court to regain custody back of their children. You will need a job and a home for them to show the courts that your able to care for them. But if it is a guardianship though the court involing the CPS then it may take you longer to get them back.

