Legal Question in Family Law in New York

If one parent of a child dies, and the other is a convicted felon out on parole, will the surviving parent be granted custody? Or is a custody hearing required to find a more suitable guardian (i.e. grandparents).

Asked on 9/30/13, 7:31 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

A convicted felon is not necessarily banned from obtaining custody of a child. It depends on several factors, including the nature of the felony. If grandparents, aunts/uncles, or other family members want to take on the responsiblity, they should file a petition with the court. The court will decide who will obtain custody.

Also licensed in New York.

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Answered on 10/01/13, 4:27 pm

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