Prince Harry and Meghan Markle are still fresh into their marriage but a lot of things have already changed. While the couple still seems happy together despite these changes, many of their followers cannot help but believe that their joy could be short-lived.
After rumors of a looming divorce started to swirl around, fans of the Duke and Duchess of Sussex began to wonder who would have custody of Baby Archie if Prince Harry and Meghan part ways. Meghan gave birth to Baby Archie last May and is so far the only offspring of the Duke and Duchess of Sussex.
Based on British laws, the custody of all royal children, grandchildren, and great-grandchildren belongs to the sovereign. If Prince Harry and Meghan decide to split, Queen Elizabeth will definitely want them to sort themselves out regarding Baby Archie.
Royal follower Linda Merrell agrees that Baby Archie would stay in the U.K., but only if Meghan agrees. Merrell explained that, while the 300-plus-year-old law regarding the custody of royal children and grandchildren still exists, it may not fare well in a court. That means, if Prince Harry and Meghan divorce and Meghan goes back to the U.S., the court may allow Baby Archie to have dual citizenship.
“It is also entirely possible that the Duchess would agree to an agreement, including allowing England to be Archie’s permanent residence,” she said. “He has a very special life there. Nevertheless, if she chooses to relocate to the U.S. and take her son with her, I seriously doubt that it is quite as cut and dried as indicated below,” she added.
She also noted that this same rule would apply to Prince William and Kate Middleton’s children if they divorce. “The same rule would apply if William and Catherine divorced… Sort yourselves out for the sake of the children or the Queen would step in and make decisions for them,” she explained.
While Merrell said the sovereign may not necessarily have custody over Baby Archie, royal follower Victoria Stuard said the British law regarding the custody of royal children and grandchildren is unbreakable, meaning the Crown maintains custody of Archie whether or not Meghan agrees.
“This is something that Meghan would fight against; however, I don’t believe that American law would have any precedent or rights over this situation that could become a legal quagmire,” she said.
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