What is custody?

In short, as a subject of family law custody is the right of guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care until he or she turns 18.

In short, as a subject of family law custody is the right of guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care until he or she turns 18.

Which factors does the court take into account when granting custody to one of the spouses?

The protection of the child is the main criterion that the court will consider while giving custody to one of the spouses. The court takes this principle very broadly.

The psychological and economic protection of the child is one of the main scopes of protection in this regard. Custody is a process that the judge should spontaneously decide on, even if there is no request regarding this issue from one the spouses. If the parties have agreed on custody, the courts often comply with the agreed made by the parties. A court may object an agreed agreement regarding custody in cases such as dishonorable life of a mother.

My spouse is a foreigner. Who will get the custody over my child?

In divorce cases where one of the spouses is a foreigner, the court will still apply the same rules as in a divorce where both spouses are Turkish citizens, However when one spouse is a foreigner the court may due to the possibility of child abduction, decide that the child cannot stay over at the place of one of the spouses.

My spouse does not allow me to see my child. What can I do?

The Court decides that the spouse who does not get the custody over the child have the right to meet his child. If the spouse holding the custody is not allowing the other spouse to see his child enforcement proceedings can be initiated in accordance with the Enforcement Law. When the enforcement proceedings are finalized, an officer from the enforcement directorate and an officer from the social services will take the child. If the spouse holding the custody insists on not showing the child despite the finalization of the enforcement proceedings, a criminal case can be filed in the Enforcement Criminal Court.

My spouse is not taking care of my child. Is it possible to change the decision regarding custody?

Since custody is given by a court decision, the judge has to decide about this issue.

The legal name of the lawsuit to be filed for the change of custody is the Nez-i Lawsuit of Velayet. If the conditions regarding the change of custody arises the court may decide to take a decision hereabout. Various evidences can be used as a means of proof for the case. Some of the reasons for changing the custody are to prove that the requirements for custody of child are not met or that the child in custody is abused by the spouse who got the custody. The court does not necessarily have to decide that the custody will be given to one of the spouses. If the judge thinks that both spouses cannot take care of the child, the judge can give custody to a third person or may decide that the social services take the child into care.

I want to take over the right of custody, what can I do?

The party that does not hold the right of custody can request a change in custody at the Family Court by stating that the child's interests are damaged, he or she is in danger or that the parent holding custody does not meet the requirements of custody.