Full question:
My friend’s husband received pardon from sentence for life imprisonment. He was convicted for the murder of his business partner. My friend wants him out of her and their child’s life and is in the process of getting divorce but her husband is threatening her that he will take custody of the child if she leaves him? Can he do so?
- Category: Marriage
- Date:
- State: New York
Answer:
In New York, a pardon granted to a person convicted of life imprisonment does not restore his marital rights or parental rights. The law is stated in N.Y. Dom. Rel. Law § 58 that reads:“A pardon granted to a person sentenced to imprisonment for life within this state does not restore that person to the rights of a previous marriage or to the guardianship of a child, the issue of such a marriage.”
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