Who Would Have Custody Over Baby Archie if Prince Harry and Meghan Markle Got Divorced?

Prince Harry and Meghan Markle are still fresh into their marriage. It may be just a little over a year into their stint at holy matrimony, but a lot has already changed for the royal couple. The biggest change is that they now share a little baby, Archie Harrison Mountbatten Windsor.

They also recently split households from Prince Harry’s brother, Prince William, and Kate Middleton, which means that the couple now has their own office and can focus on the causes that interest them as a couple rather than having to always do things as a foursome.

In addition to both of those major events, the couple also recently moved to their own home, Frogmore Cottage.

So much change can be hard for a new couple. And though they seem happy together now, that joy could be short-lived.

Are Markle and Prince Harry happy?

Markle and Prince Harry may still be in the honeymoon stages of their union, but they have an extreme amount of pressure being put on their relationship daily by the media. And Markle has definitely given some hints as to how hard the relationship has been.

She spoke briefly on the issue to Pharrell Williams at the European premiere of The Lion King.

“So happy for your union,” Williams told her. “Love is amazing. It’s wonderful. Don’t ever take that for granted, but what it means in today’s climate, I just wanted to tell you, it’s so significant for so many of us. Seriously. It’s significant. We cheer you guys on.”

“They don’t make it easy,” Markle responded.

But it isn’t only Markle who is having a hard time. People have noticed a change in Prince Harry as well.

“He [Prince Harry] was there in body but not in spirit,” a source told Woman’s Day in February. “He wasn’t as tactile as he usually is with Meghan, which was a surprise given they’re usually hand-in-hand at all times. He’s even stopped laughing and joking with photographers like he used to as well. Harry seems distant, like he has a lot on his mind.”

Hopefully, the couple doesn’t allow outside interferences to ruin their relationship.

View this post on Instagram

Tonight, The Duke and Duchess of Sussex attended the first of a two game series of the Major League Baseball #LondonSeries, in support of @WeAreInvictusGames. Tonight’s highly anticipated game between the #Yankees and #RedSox took place at London stadium, Olympic Park. The @WeAreInvictusGames, of which His Royal Highness is Founding Patron, has been selected as charity partner for the @MLB 2019 series. The Invictus Games Foundation is the international charity that oversees the development of the Invictus Games, an international adaptive multi-sport event in which wounded, injured or sick armed service personnel and veterans participate. It celebrates the power of sport in recovery and how it can help, physically or psychologically, those suffering from injuries or illness. The word ‘invictus’ means ‘unconquered’ – it embodies the fighting spirit of the competitors. As part of the partnership, the Invictus Games Foundation have a team participating in London’s #Softball60, the social softball series built for the city and targeted to introduce the sport to new audiences and demonstrate that it is an inclusive sport. On this #ArmedForcesDay, tonight’s event was also a chance for Their Royal Highnesses to shine a light on the men and women here in the UK and around the world who have sacrificed so much for their country. Discover more about the Invictus Games Foundation through the link in our bio. Photo credit: PA

A post shared by The Duke and Duchess of Sussex (@sussexroyal) on

Would Markle remain royal if she and Prince Harry divorced?

Divorces amongst royals aren’t quite as uncommon as we might think. Prince Harry’s own parents, Prince Charles and Princess Diana, got divorced in 1996 and the Queen’s other son, Prince Andrew divorced his wife Sarah Ferguson that same year.

Now that Markle has given birth to Archie, who is currently seventh in line for the throne, she will remain royal no matter what happens between her and Prince Harry.

Who would have custody over Archie if Markle and Prince Harry split?

If Markle and Prince Harry ever decided to go their separate ways, they would not battle over custody of Archie. According to a law dating back to 1717, the ruling monarch’s “right of supervision extended to his grandchildren and this right of right belongs to His Majesty, King of the Realm, even during their father’s lifetime.” Which means the Queen technically has legal custody of Archie, according to Latin Times.

“The sovereign has legal custody of the minor grandchildren,” said royal expert Marlene Koenig. “This goes back to King George I [who ruled in the early 1700s], and the law’s never been changed.”

So if they did divorce, Markle could move wherever she wanted but she would need to get permission from the Queen to take Archie anywhere.