Can I still get custody of my kids if I have a pending felony charge?

UPDATED: Jan 10, 2012

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Can I still get custody of my kids if I have a pending felony charge?

I’m trying to get custody of my kids but I was recently brought up on a larceny over $250 charge. Pretty confident it will be lowered to a misdemeanor. My parents currently have guardianship but they want to give me back my kids. Will the pending charge have a negative effect on me getting them?

Asked on January 10, 2012 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I do not think that the charge is going to be seen as a positive reflection upon you for the purposes of obtaining custody of your children. Why do your parents have guadianship to begin with is the question that also needs to be answered here.  Because if it was not a good reason behind their obtaining xustody then coupled with the charge I would say that your chances are severely diminshed.  Speak with your attorney and wait until the matter is straightened out.  Good luck.

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