I've been living with my dad and step-mom for 8 years and I rather live with mom. However my mom was in jail this past year and is now in a halfway house when she gets her own house can she get us kids back? Does it matter she was in jail? My dad was in jail too but he still got custody.

You have to convince the court to change custody orders... that means a lawyer... and a lawyer means money because as a minor.. you really don't have standing to do it yourself your mother would have to do it... since she would be getting the custody. But depending on how old you are and where you live... they may allow you to tell them what you want to do... but that's not legally binding..

No YOU don't have to convince a court, your mother does. Your mother needs to go to court to request a modification of the custody order.

And yes it will matter that she was in jail. Depending on how old you are, the court may or may not listen to your preference.

That's what I meant to say but wasn't nearly direct enough in my wording. She has to do it... not you.