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).
1 Answer from Attorneys
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.