Legal Question in Family Law in New York
Custody when one parent dies.
If the mother of a child dies could the father get custody of her even though he was in prison before?
2 Answers from Attorneys
Re: Custody when one parent dies.
He could, if it is deemed in the child's best interest.
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Re: Custody when one parent dies.
Not only 'could he', but he is favored by the law as the next custodial parent.
The only way to deny him custody is to show that he is in some way an 'unfit parent'. It is important to act, if that is your choice, before the child moves in with him.
You are welcome to a consultation for no fee. Email is best to make an appointment.
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