Can a husband threaten custody after receiving a pardon for murder?

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 for someone convicted of life imprisonment does not restore their marital or parental rights. According to N.Y. Dom. Rel. Law § 58, a pardon does not reinstate rights related to a previous marriage or guardianship of a child from that marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a life sentence can be pardoned, but it typically requires a formal application process and approval from the relevant authority, such as a governor or a presidential pardon board. The specifics can vary by state, and not all requests for pardons are granted. A pardon does not erase the conviction but may restore certain rights.