Scarlett Johansson’s Custody Battle

Scarlett Johansson, star in the movie Avengers and lead in the new upcoming movie “Ghost in the Shell” filed for divorce in New York last week. The two had signed a prenuptial agreement which determines many of their financial issues but it does not address custody of their two year old daughter, Rose.

Johansson, a movie star who leads a very busy life, filed for divorce in New York after attempting to negotiate a settlement with Romain Dauriac, her husband. Johansson wants residential custody of her daughter while Dauriac says he will fight for residential custody himself due to Johansson’s busy schedule. Dauriac also stated he wants to take his daughter back to France. From a legal stand point that may be difficult since Johansson has already filed for divorce in New York. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) jurisdiction in child custody cases vests where the child has lived for the last six (6) months.

Now that custody is being contested the New York courts, most likely, will have an expert evaluate the child to determine what is in her best interests. Regardless, the courts today lean toward a 50/50 split of custody whenever possible. Most courts want a child to have relationship with both parents. One parent living in New York and one parent living in France will not be beneficial to the child’s well being and/or her relationship with each of her parents. The parties would do better to negotiate their own settlement so they, themselves, can determine what is best for their child.

Divorce can be a difficult process but the addition of a custody battle can make it more contentious for the parties and more painful for their children. The New Jersey divorce lawyers at Lyons & Associates, P.C. are the experienced litigators you need to handle your divorce in New Jersey. To learn more about the services we offer, contact us online or call our Somerville, New Jersey offices at 908-575-9777.