Until What Age Does the Court Give the Child to the Mother?
Courts make decisions regarding the custody of the child by taking into account the special circumstances of each case. The basic principle taken into account in custody is the best interests of the child. However, there are some general practices, especially for young children.
Custody of Young Children
0-3 Age Group (Infancy): Courts generally believe that children in this age group need maternal care and affection. Therefore, unless there is serious evidence that the mother is unable to care for the child, custody is usually given to the mother.
3-6 Age Group (Preschool Period): As the child becomes more independent in physical and emotional development, the need for the mother is still high. In this age group, custody is usually given to the mother, but if the father’s conditions are deemed more suitable, it can also be given to the father.
6 Years and Above (School Period): The child’s education, social environment and development are given more priority. The decision is influenced by whether the mother or father can provide the child with better opportunities in these matters.
The Child’s Opinion
When the child reaches the age of 8-12, the court may consider the child’s opinion regarding custody. However, this alone is not a determining factor. The court evaluates whether the child’s opinion is consistent with their level of maturity and best interests.
Can the Mother Not Get Custody?
If the court determines that the mother has neglected the child’s care, has been physically or psychologically abusive, or is unable to meet the child’s needs, it may grant custody to the father. Similarly, the mother’s health-harming issues, such as addiction, may also affect this decision.
Although custody is usually given to the mother in young children, the final decision is made according to the child’s best interests. A detailed assessment is made in each concrete case. For a more specific situation, you can consult a professional legal advisor.
