Your ex being in jail for non-child support, has nothing to do with his visitation rights, the court will not take away his rights, in order for you to get sole custody he would have to agree. You can file and ask the court to modifly the orignal custody order, but in most states in order to file a modivacation both parties have to agree to the changes, or the parent would have to prove the other parent is unfit. You can consult with a lawyer,for legal advice, there are many that offer free consutation so would be worth talking with.

