Parental rights relinquished during incarceration or no?

My brother in law's girlfriend got arrested on a violent charge. They are NOT married, but have a common 1 year old child, living in same house. CPS was involved because the crime was in the presence of a minor. My wife and I are trying to get temporary emergency custody of him to avoid CPS placing the child in the system, which was the child's father's idea. With the mother being incarcerated, does she relinquish all parental rights to this, or will she have to agree to the temporary custody arrangement?
Asked Feb 04, 2015

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