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How can joint custody work if one parent moves to England?

How can joint custody work if one parent moves to England?

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: 04/07/2025
State: Alabama

Answer:

Joint custody can involve legal, physical, or both types of custody. Legal custody means both parents can make decisions about the children. Physical custody refers to where the children live. Joint physical custody means the children spend time living with both parents.

The specific arrangement for how much time the children spend with each parent can be agreed upon by the parents or determined by a court order. The court must approve any agreement, focusing on the best interests of the children. Factors considered include the children's ages, where the parents live, and other relevant issues.

In this situation, with one parent in the U.S. and the other in England, the physical custody arrangement must be reasonable and not harmful to the children. Courts typically do not grant joint physical custody if it doesn't serve the children's best interests. International divorce law may also apply, depending on the parents' residences 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.

FAQs

What is the spouse entitled to in a military divorce?

In a military divorce, a spouse may be entitled to various benefits, including division of property, spousal support, and military benefits. The Uniformed Services Former Spouses' Protection Act allows states to divide military retirement pay as marital property. Additionally, a spouse may retain access to military health care and other benefits if they meet certain criteria, such as the 20/20/20 rule, which requires 20 years of marriage, 20 years of service, and 20 years of overlap. Each case can vary, so consulting a legal professional is advisable.

What is the 10 10 rule for military divorce?

The 10/10 rule refers to the eligibility for a military spouse to receive a portion of the service member's retirement pay. To qualify, the couple must have been married for at least 10 years during the service member's 10 years of active duty. If this condition is met, the spouse can receive direct payments from the Defense Finance and Accounting Service (DFAS). This rule helps ensure that the non-military spouse has a financial stake in the military member's retirement benefits.

What is a military spouse entitled to in a divorce?

A military spouse is entitled to various rights in a divorce, including a share of the military member's retirement pay if the marriage lasted at least 10 years during the service member's active duty. They may also be eligible for spousal support, health care benefits, and access to military facilities. Additionally, they can retain certain benefits like TRICARE health insurance, depending on the length of the marriage and service. Legal advice can help clarify specific entitlements based on individual circumstances.

What is the 10/10 rule in military divorce?

The 10/10 rule in military divorce states that a spouse must have been married to a service member for at least 10 years during the service member's 10 years of active duty to qualify for direct payment of retirement benefits from the military. This rule ensures that the non-military spouse receives their fair share of the military retirement pay without needing to go through the service member for payment. Understanding this rule is crucial for military families navigating divorce.