CHILD CUSTODY IN TURKEY

Introduction

Child custody matters can be emotionally challenging and legally complex, especially for foreigners in Turkey. Understanding the legal framework and processes involved is crucial to ensuring the best outcome for your child. At Altun Legal, our English-speaking lawyers in Istanbul are committed to providing the necessary guidance and support through every step of the child custody process.

Legal Framework for Child Custody in Turkey

Child custody in Turkey is primarily governed by the Turkish Civil Code. The primary consideration in custody decisions is the best interest of the child, which encompasses various factors, including the child's age, emotional ties with each parent, and the parents' ability to provide care and support.

Types of Custody

  1. Sole Custody: One parent is granted full custody, making all major decisions regarding the child's upbringing. The non-custodial parent typically has visitation rights.
  2. Joint Custody: Both parents share custody and collaborate on major decisions about the child's welfare. This arrangement is less common in Turkey but is possible if it serves the child's best interests.

Determining Factors for Custody

When deciding on custody, Turkish courts consider several factors:

  • Child’s Best Interest: The paramount consideration in all custody decisions.
  • Child’s Age and Needs: Younger children often require more stability and routine.
  • Parental Capability: Each parent’s ability to provide for the child’s physical, emotional, and educational needs.
  • Child’s Preference: Depending on the child’s age and maturity, their preference may be considered.
  • Existing Relationships: The strength of the child’s relationship with each parent and other significant family members.

Custody Procedures

1. Filing a Petition

The process begins with filing a custody petition at the family court. Either parent can file the petition, and it must include detailed information about the child's living situation, the petitioner’s relationship with the child, and reasons for seeking custody.

2. Court Evaluation

The court proceeds with a detailed evaluation, which may include:

  • Parental Interviews: Assessing each parent's ability to care for the child.
  • Home Visits: Evaluating the living conditions in each parent’s home.
  • Expert Opinions: Psychological evaluations and reports from child welfare experts.

3. Court Hearing

During the hearing, both parents present their case, and the court reviews all evidence. The judge makes a decision based on the child's best interests, considering all relevant factors.

4. Issuance of Custody Order

Once the court has made its decision, a custody order is issued. This order outlines the custody arrangement, visitation rights, and any specific conditions that must be met by either parent.

Enforcement and Modification of Custody Orders

Enforcement

Custody orders are legally binding, and non-compliance can result in legal consequences. If a parent violates the terms of the custody order, the other parent can seek enforcement through the court.

Modification

Custody arrangements can be modified if there is a significant change in circumstances. Either parent can request a modification, providing evidence that the change serves the child’s best interests.

Relocation and International Considerations

Relocation

If a custodial parent wishes to relocate with the child, they must obtain permission from the non-custodial parent or the court. The court will consider the impact of the move on the child's relationship with the non-custodial parent and overall well-being.

International Custody Disputes

International custody disputes can be particularly complex. Turkey is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which aims to protect children from international abduction by a parent. If a child is wrongfully taken to or kept in another country, the Convention provides a legal framework for their prompt return.

How Altun Legal Can Assist

Navigating child custody matters requires expert legal guidance. At Altun Legal, our English-speaking lawyers in Istanbul provide comprehensive support, including:

  • Legal Consultation: Understanding your rights and options.
  • Document Preparation: Assisting with the preparation and submission of all necessary documents.
  • Court Representation: Representing you in court proceedings to protect your interests.
  • International Legal Assistance: Handling international custody disputes and ensuring compliance with relevant treaties.

Conclusion

Child custody issues are sensitive and require careful legal handling to ensure the best interests of the child are prioritized. At Altun Legal, our experienced English-speaking lawyers in Istanbul are here to support you through every step of the process. Contact us today to schedule a consultation and take the first step towards resolving your child custody matters.

This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of an attorney. If you want to contact an English-speaking lawyer in Istanbul for more information, you can contact our office.

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