Scarlett Johansson Divorce: Could Ex Get Custody & Take Baby To France? Lawyer Speaks

Divorces always get ugliest when it comes to the kids. Scarlett Johansson and ex Romain Dauriac are now fighting for custody of their daughter Rose, and there's a chance that she could end up being taken to France by her dad! Lawyers explain, here.

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Uh oh. After we learned on March 8 that Scarlett Johansson’s ex Romain Dauriac plans to fight for custody of their daughter Rose Dauriac, we could’t help but flash back to Kelly Rutherford’s kids being taken to France and Monaco for 3 years during her custody battle with Daniel Giersch and not being able to get them back! Luckily, it doesn’t seem like ScarJo’s divorce will turn out like that.

“Because their child is so young, only two years old, the bias is still that young children belong with mom even though both parties are equal in the eyes of the law,” family lawyer Merritt Weisinger tells HollywoodLife.com EXCLUSIVELY. “The law is one thing but human emotions are something else. What will happen is a judge or a mediator is going to look and say, ‘do I want to take this two year old child away from mom?’ The odds are in her favor that they won’t want to, and she will get residential custody. If the child was older it would be a different story but with kids that are one and two years old they tend not to want to separate them from mom.” Well that’s relieving!

Scarlett & Romain: See Pics Of The Former Couple

New York City divorce attorney Brian Perskins also told HollywoodLife.com that Rose will likely stay with Scarlett. “I doubt that she could lose custody of the child but anything is possible,” says Brian. “They will settle and the kid will live in NYC… there is no reason to fight over custody, not when money is not really an issue for the divorcing couple.  She can have the child home-schooled and she can afford to have nannies and that can fly with her all over the world. If the case is litigated in NYC, which is where it was filed she is keeping the kid in New York. No judge in NYC will send the kid to France.”

Romain’s lawyers tell HollywoodLife.com EXCLUSIVELY that there’s a chance he won’t even try to remove Rose from the country. “Romain and Scarlett each want joint legal custody,” says the lawyer. “Each want primary physical custody. [Romain] would prefer for their child to be raised in France but would accept living with her in NYC under the proper circumstances. We were negotiating an interim access schedule and Scarlett was not getting what she wanted, so she filed very prematurely.” Brian believes they will settle. “They will likely settle in a couple of months, he explained. “They will work out a solution that is best for the child.” We sure hope so!

HollywoodLifers, what do you think about Rose being forced to go to France? Would that be awful? Let us know!

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