Determining child custody can often be one of the hardest and most crucial parts of a divorce for parents. If children are involved, the court or the parents must decide how to proceed with problems like whether and how custody will be shared, who will make decisions for the children, and how visitation will work. As a Turkish law firm, we will provide you with all the information about child custody in Turkey, including the rights of parents and children.
Child Custody in Turkish Law
Child custody in Turkish Law is regulated under custody laws, and Turkish Civil Code Law No 4721 is one of them. It states that despite their marital status or whether they are living together or apart, both parents have the same rights and responsibilities to their children. In line with the divorce regulations, the child’s well-being and safety are the primary factors in terms of separation.
Determining Child Custody in Turkey
Determining child custody in Turkey involves a legal procedure to protect the child's best interests. When parents fail to agree upon custody terms, the court decides based on several factors. These are:
- Parents can file a petition for custody with a Turkish family court.
- Parents can decide on the child's custody before applying to the court.
Rights of Parents in Child Custody Cases
Under the Turkish Civil Code Law No 4721, it is stated that when a child is born, a parent has custody rights that last until the child is 18 years old. A child is therefore considered to be in their mother's and father's care. However, the court may grant custody to one of the parents in a divorce or separation case.
You can contact our Istanbul Lawyer Firm if you learn more about your rights in child custody cases. With our English-speaking lawyers in Turkey, we assist you in your child custody-related cases.
If Parents are Married
If the parents are married, they share custody of the child. Parents are expected to make decisions about their child's life together and in mutual agreement.
If Parents are Not Married
Article 337 of the Turkish Civil Code states that if the parents are unmarried, the child's custody belongs to the mother. In this case, the mother has full custody of the child.
Joint Custody
Joint custody ensures parents actively participate in their child's life and decision-making.
Stepchildren
Regarding child custody, under Turkish law, stepchildren, the children of one spouse from a previous relationship, do not have the same legal rights as biological children.
Situations When Custody is Not Given to the Mother
Child custody in Turkey is not always granted to the mother; sometimes, it can be given to the father or even a third party. The court makes decisions regarding the child's best interests in such cases. For instance, if the court decides that the mother cannot provide a safe and stable environment for the child, has severe mental or physical health issues that affect the child’s well-being, and there is child abuse, the other parent can get custody of the child.
Rights of Children in Child Custody Cases
Regarding children's rights in custody cases, the Turkish legal system aims to protect and promote their best interests. The court considers several factors when deciding child custody to protect the child's rights and well-being.
In case of a violation of the rights of children in child custody cases, you need a child custody lawyer to solve it. You can contact Istanbul Lawyer Firm for this and other issues and get help from its experienced lawyers.
The Right to A Safe and Healthy Environment
The Turkish legal system prioritizes the child's best interests above all else. In this regard, creating a safe and healthy environment for the child comes first. When deciding on custody, the court considers any history of abuse, neglect, or violence.
The Right to Maintain A Relationship with Both Parents
In many legal systems, including Turkish law, the right to maintain relationships with both parents is a fundamental principle in cases involving child custody. Even if the parents are divorced or separated, it is evident that children benefit from having a meaningful and loving relationship with both parents. This privilege is essential for the child's overall development and emotional health. Thus, the court's goal is to safeguard and foster the relationship between the child and each parent.
You can reach our previous article from https://istanbullawyerfirm.com/blog/obtaining-a-long-term-residence-permit-in-turkey