My mom is in the hospital and my sister and I want to stay with our mom but we are worried because we think that he can go to jail for that I need an answer please

Huh? You need to fill in the background here. Why is mom in the hospital, why do you think dad could go to jail? How old are you and your sister?

You can't stay with in the hospital with mom. If your dad lives in the same house then why wouldn't you be able to stay there?