When a couple goes through a divorce in New Jersey, there are many issues which usually need to be resolved. Property division can be a sticky issue, as can an order for spousal support. However, when a divorce involves a minor child, the issue of child custody can cloud every other concern.
That has been the case for one man, a member of the United States Army. This man, a sergeant, met his wife in Germany. She was Scottish, with a permanent residence in that country. However, they relocated to the United States due to his being stationed in Alabama. The marriage eventually broke down and lead to a divorce, but not before the couple had a daughter, now five years old.
During the divorce, a custody dispute began to brew. Little did they probably realize at the time, but the dispute was soon to become an international custody issue which only the United States Supreme Court could solve. Oral arguments in front of the Court were scheduled for the week of December 3.
The primary issue is that Scotland was originally ruled to be the young girl’s “habitual residence,” where she resided with her mother. The father is contesting this ruling, seemingly because of his ever-changing residency status due to his active duty service in the military. The Court’s conclusion in this case is expected to have major implications for the custody rights of military personnel.
Child custody decisions can be tough, especially when the parties cannot agree to an arrangement. In those instances, it is important for parents to know all of their legal options in order to push for the arrangement which will be in the best interests of the child.
Source: GPB News, “Custody Case Goes To Supreme Court,” Orlando Montoya, Dec. 3, 2012
