What is Custody?
Custody is the totality of rights and obligations granted to parents regarding the care, protection, education, and representation of minor children. During marriage, custody is exercised jointly by both parents.
How is Custody Determined in Divorce?
In divorce proceedings, the court awards custody to one of the spouses. The principle of best interests of the child is the primary consideration. The court evaluates the following factors:
• Age and developmental status of the child
• Caregiving capacity of each parent
• The child's familiar environment and social circle
• Necessity of keeping siblings together
• The child's opinion (for children of sufficient maturity)
• Pedagogue and social worker reports
• Physical and mental health of each parent
Joint Custody
Joint custody arrangements are possible under Turkish law after divorce. Joint custody requests are evaluated within the framework of Constitutional Court decisions and the European Convention on Human Rights. The court may decide in this direction if both parents request joint custody and appropriate conditions exist.
Custody Modification Lawsuit
If circumstances change significantly after a custody decision is finalized, a custody modification lawsuit may be filed. Grounds for custody modification include:
• The custodial parent neglecting or mistreating the child
• The child's physical or psychological development being endangered
• Significant change in the custodial parent's living conditions
• Change in the child's preference (if sufficiently mature)
Right to Personal Contact
The non-custodial parent has the right to personal contact with their child. This right is a fundamental right that must be protected for the child's healthy development. The personal contact schedule is determined by the court.
Removal of Custody
Custody may be removed by court order when necessary for the protection of the child. Grounds for custody removal include:
• Inexperience, illness, or disability of the parent
• The parent being located elsewhere
• Serious neglect of custodial duties
• Mistreatment of the child
Conclusion
The best interests of the child are always paramount in custody cases. Taking correct legal steps regarding custody, personal contact, and custody modification is critically important for protecting the rights of both the child and the parents. Professional legal consultation in family law provides great benefit in this process.