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Buachaill, Barrister
Category: Family Law
Satisfied Customers: 12857
Experience:  Barrister 17 years experience
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I am a UK citizen married to a Cambodian wife. We have 2

Customer Question

I am a UK citizen married to a Cambodian wife. We have 2 British born children. I wanted to know who gets custody in case of divorse
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Have you talked to a lawyer about this yet?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She is on a spouse visa in the UK.
Submitted: 17 days ago.
Category: Family Law
Expert:  Buachaill replied 17 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 17 days ago.

1. I regret to say that your Cambodian wife will get custody of the two children in the event of a divorce. You will have access to see those children on appointed days. However, the invariable rule in child custody cases upon divorce is that the mother of the children gets custody. So, there is nothing which will change that here, I regret to say. Additionally, it makes no difference that she is in the UK on a spouse visa. Essentially, her spouse visa will get extended and she will be able to remain in the UK to live with and mind your two children.