In what situations is custody not granted to the mother?

In Which Cases Is Custody Not Granted to the Mother? – İzmir Lawyer

How is custody decided?

The most important consideration in custody matters is the best interests of the child. Custody is granted to the parent who will provide the child with better conditions, both materially and emotionally. When we say the best interests of the child, especially in young and dependent children, we mean considering the child's physical and social development, morals, education, and overall well-being, and if necessary, seeking the opinion of a specialist child psychologist to determine custody. The judge presiding over the case will make the final decision regarding custody based on the evidence gathered and expert reports obtained. (See our article titled "Who is Given Custody of a Child in a Divorce Case?") from here You can check it out.

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

We have stated that custody matters are determined according to the circumstances and conditions, always considering the best interests of the child. Let's explain the answer to the above question with a few examples:

• The court makes its custody decision by considering which parent can better provide care and supervision for the child, as well as factors such as the child's schooling and health. The decision will be made in the best interests of the child. Even if the child is too old to require maternal care, the court will grant custody to the father if it is psychologically and physically better for the child to live with the father.

• A mother's infidelity (adultery) or actions that undermine trust constitute a breach of her duty of fidelity to her spouse. While this breach of obligation, which leads to the dissolution of the marriage, may not directly affect the spouse's right to custody, it will create a negative impression. Ultimately, the court will grant custody to the spouse who has not violated the child's care and supervision.

• If a child's custody is awarded to the mother, and the mother's new husband causes physical or psychological harm to the child, and a custody change lawsuit is filed, custody of the child will be given to the father.

• In exceptional circumstances such as the mother's restricted rights, arrest, or imprisonment, custody of the child is granted to the father.

• If the mother's health is poor, custody is given to the father.

• Custody is granted to the father if the mother is incapable of caring for the child, such as if the mother harms the child, neglects the child's care, the child repeatedly suffers accidents under the mother's supervision, the child is subjected to violence in any form, or the mother has a psychological disorder that prevents her from caring for the child to a significant degree.

• Custody is revoked from the parent who abuses their custody rights. A mother preventing her child from seeing the father is an example of such an abuse.

• If the mother is abusive towards the child or leads an immoral lifestyle, custody is given to the father.

How is child custody taken away from the mother?

A father who files a lawsuit to change custody against a mother who abuses custody rights, prevents the father from seeing the child, neglects her care and supervision responsibilities, or exhibits psychological or physical violence, may request that custody rights be granted to him. If it is in the best interests of the child that custody rights remain with the father, custody rights will be granted to the father.

How to File a Custody Change Case?

The possibility of custody rights changing hands due to changing circumstances has been foreseen by the legislator, and this situation... TMK It finds its regulatory scope in Article 183.

 Accordingly, the following provision is in effect: "If new circumstances such as a parent remarrying, moving to another place, or dying necessitate it, the judge shall take the necessary measures ex officio or upon the request of one of the parents.".

Article 183 of the Turkish Civil Code lists certain grounds for a change in custody. Accordingly, a change in custody may occur if the following conditions are met. In the situations exemplified above, if it is determined that the child's best interests are harmed, custody may be changed.

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