KEY POINTS

  • Meghan Markle and Prince Harry can decide for Archie's future without the Queen's consent
  • Meghan Markle left Kate Middleton heartbroken
  • Queen Elizabeth II looked furious after Prince Harry and Meghan Markle's shocking announcement

Meghan Markle and Prince Harry are Archie’s parents but some claimed that the Queen has custody of their son. This prompted many to ask if the Duke and Duchess of Sussex can decide for baby Archie’s future on their own especially after their shocking announcement that they are stepping back from their royal roles.

According to CS Global Partners, there is a 300-year-old royal prerogative suggesting that the ruling monarch has automatic custody of all minor grandchildren. This is not an Act of Parliament and dates from the times King George I asked that he be given the custody of his grandchildren after disagreements with his son, later known as King George II.

Queen Elizabeth II is Archie’s great-grandmother, not grandmother. Thus, the said royal prerogative doesn’t apply.

The Royal Marriages Act 1772 came into effect around the same time as the grandchildren custody degree and it has since been repealed and adapted to more recent times. However, the custody prerogative remains as is.

If Prince Charles takes over the throne, he may have custody over the Duke and Duchess of Sussex’s son, Archie. Based on it, the ruling sovereign has the right to veto the marriage of the first six heirs to the throne.

Archie will be the sixth-in-line to the throne once the Prince of Wales becomes the sovereign. Thus, the custody may apply to him. But Archie may fall down behind the line of succession if Prince William and Middleton will have more kids and if his cousins Prince George, Princess Charlotte and Prince Louis will start their own family.

At present, Prince Harry and Markle have full custody of Archie at least for as long as Queen Elizabeth II reigns and unless the royal prerogative is adapted into an Act of Parliament.

In related news, Markle left Middleton broken hearted with their decision to resign from their royal post and move to Canada. According to an insider, Middleton wants her children to spend more time with their cousin, Archie. However, that is unlikely to happen after the Sussexes decided to quit their royal roles.

Meanwhile, Queen Elizabeth II was spotted for the first time on Friday after Prince Harry and Markle’s shocking announcement. The monarch looked furious while driving her Land Rover around Sandringham.