The quick answer to this question is no, a parent does not automatically lose custody of their children if they go to jail. However, there are many factors that can influence a judge’s decision when it comes to awarding custody in cases where one parent is incarcerated. Some of these factors include the severity of the crime, how long the sentence is, and whether or not the child has been placed in foster care while the parent is incarcerated. In general, however, it is very difficult for a parent to retain custody of their children if they are in jail.