Full question:
Spouse is in the US Air Force and Spouse is British. They reside in the United States. Spouse wants a divorce and Spouse B wants to return to England. There are 2 children, age 9 and 11. Spouse wants joint physical custody. Spouse is concerned about how this could work.
- Category: Divorce
- Date:
- State: Alabama
Answer:
Joint custody can be legal, physical or both. Sharing legal custody means both parents have rights to make decisions about the children and matters relating to them. Physical custody means actually residing with the parent. Joint physical custody means both parties have rights to the children residing with them. The actual times the children reside with the parents can be determined by agreement of the parties, or by court order.
Regardless, the Court must approve the agreement and considers the best interest of the children in making the decision considering things like the age of the children, residence of the parties and other factors. In the case of one parent living in the United States and the other in England, the actual time each parent had physical custody would have to be reasonable and not detrimental to the children. Likewise, the Courts generally do not have to approve or award joint physical custody if not the best for the children. International Divorce law could also be involved in this case depending on the residence of the parties and other factors.
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.
