Divorce is a difficult and traumatic process not only for spouses but also for children. One of the most curious issues in this process is who will have custody. The Turkish Civil Code and the judge’s discretion play a decisive role in this matter.
The Best Interest of the Child is Essential:
The most important factor in the custody decision is the principle of the best interest of the child. In line with this principle, factors such as the child’s healthy development, receiving education, and receiving love and affection are taken into consideration.
Criteria Considered by the Judge:
The judge evaluates many criteria when making a custody decision, such as:
Child’s age and gender: It is accepted that especially younger children and girls need more maternal affection.
Parents’ interest and love towards the child: How much time they spend on the child and how interested they are in it are evaluated.
Material and moral means of parents: It is important to have financial means to meet the child’s basic needs such as shelter, education and health.
Psychological status of the parents: It is investigated whether there are any psychological problems that may negatively affect the child’s development.
Family environment: It is evaluated in which family environment the child will live more peacefully and happily.
Child’s own opinion: Children with sufficient maturity are also allowed to express their own opinions regarding custody.
Is Joint Custody Possible?
In some cases, joint custody may be decided so that both parents play an active role in the child’s life. This decision also determines how much time the child will spend with which parent.
Can Custody Be Changed?
Even if the custody decision is finalized, it can be changed later in some cases. For example, if there is neglect or abuse of the child by the parent given custody, custody may be given to the other parent or a third person.
Getting Help Regarding Child Custody in Divorce Case
It is important to consult with an attorney to learn about your rights and options regarding child custody in a divorce case. Your lawyer can give you the most accurate information and help you defend your rights depending on the specific situation of your case.
