How does joint custody work when one spouse lives overseas and other is in military?
Full Question:
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.