Who gets custody of the child in a divorce case?

Who Gets Custody of a Child in a Divorce Case? | To Whom is a Child Given in a Divorce Case? | İzmir Divorce Attorney

Frequently Asked Questions Regarding Child Custody

In established Turkish law, custody is generally granted to the mother from the age of 0-3, based on the assumption that the child is dependent on the mother. However, this is not mandatory. If the mother is ill, likely to neglect the child, leads a dishonorable life, etc., custody may be granted to the father, even if the child is young. The judge presiding over the case will make the final decision regarding custody, based on the evidence gathered and expert reports obtained.

For children aged 3-6, custody may be granted to the father if the necessary conditions are met, due to the decreased dependence of the child on the mother in this age group.

Children aged 6-18, if they have reached the necessary maturity, can be given to either the mother or the father by the court, provided they are interviewed by a qualified child psychologist and the necessary conditions are met.

The most important aspect regarding custody; It is in the best interest of the child.. Custody is granted to the parent who will provide the child with better material and emotional conditions. When we talk about the best interests of the child, we generally mean the physical and social development, morals, and education of young and dependent children. The child's custody situation is determined by taking into consideration the child's circumstances and, if necessary, obtaining the opinion of a specialist child psychologist.

The fundamental principle regarding custody in divorce cases is the "Best Interests of the Child" principle. Therefore, the decision of who the child will live with is made based on the child's best interests.

Under what circumstances is child custody granted to the father?

Courts tend to grant custody to mothers, believing that young children need maternal care and affection and can receive better care from them. 

However, if remaining with the mother jeopardizes the child's physical, mental, moral, social, and emotional development, as well as their personal safety, then custody of the child will be granted to the father.  

For example, if the mother is not providing care for the child, showing interest, or fulfilling her responsibilities, if the child is going hungry, is left alone, or if keeping the child with the mother poses a threat to the child's psychology, custody will be given to the father. Alternatively, if the mother does not want custody of the child, custody will also be given to the father. 

What does a sample pedagogical report look like in a custody case? When does it arrive at the home?

Court decision regarding child custody Social Review Report (SIR) A meeting is held with the parents of the jointly owned child through a pedagogue, and questions are asked. The pedagogue will summarize the statements and claims presented to the court in a report, detail their meeting with the parents requesting custody, include any conversations with the child (if applicable), and finally state who should be granted custody. The pedagogue meets with the parties at the courthouse in their place of residence. In exceptional cases, they may visit the parents' home. The date and time of the meeting are determined by contacting the parties beforehand.

Is it a crime for a child whose custody is with the mother to stay with the father?

If custody is granted to the mother, the father can only take custody of the child on the designated visitation days determined by the court. However, if he forcibly takes the child outside of these days or fails to hand over the child at the appointed time, he will have committed the crime of abduction.

Is it a crime for a child whose custody is with the mother to leave the city without the father's consent?

There is no obstacle to the mother, who has been granted custody, leaving the city. She can leave the city with her child without the father's consent; however, she must hand over the child to the father on the personal visitation days established by the court, and she can leave the city on days other than those designated.

How is custody of a child, previously held by the father, transferred to the mother?

A mother who files a custody modification lawsuit can do so by stating that she will be able to better provide care and supervision for the child. She also has the right to file a lawsuit if the father, who has custody rights, neglects the child's care or subjects the child to physical or psychological abuse.

In what situations is child custody not granted to the mother?

Parents who inflict physical or psychological violence on their child, have a psychological disorder that directly affects the child, or neglect the child's care and supervision are not granted custody rights.

For legal advice on this matter, please contact our expert team. Contact page.

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