Baby momma in jail

Submitted by responsible parent on Sun, 01/18/2015 - 14:35

My sons mother lives with her mom. My wife and I have him every weekend and whenever my sons mother wants a nite out. She was recently arrested in New York State for Robbery and other charges. She is incarcerated without bail. We did not find out about it for a week, until we went to pick him up and her motger told us. As his father do I have to return him to grandma or can I keep him and file for custody?