Divorce and Custody Issues in Turkey
Contents
- Introduction: Divorce and Custody Rights in Turkey
- Primary Causes of Divorce Cases in Turkey
- Divorce Process in Turkey
- Financial and Moral Compensation in Divorce Cases
- Custody Processes After Divorce
- Custody Modification Cases
- Transfer of Custody and Authorized Court
- Agreement on Child Custody
- Rights of the Non-Custodial Parent
- Recent Regulations in Divorce and Custody Cases
- Professional Support in the Divorce and Custody Process in Turkey
- Introduction: Divorce and Custody Rights in Turkey
Divorce and custody processes in Turkey involve various legal arrangements, including issues related to the child’s future, parental responsibilities, and property division when the family union ends. In divorce proceedings, parents’ rights are considered with the child’s best interests in mind. This article will examine the details of divorce and custody, the legal process, and recent developments in custody regulations.
- Primary Causes of Divorce Cases in Turkey
According to the Turkish Civil Code, the causes of divorce are classified into general and special categories. Special causes for divorce include adultery, attempted murder, maltreatment, and abandonment. General causes of divorce are based on the deterioration of the marital union. In such cases, courts assess the parties’ claims and make decisions based on the presented evidence.
- Divorce Process in Turkey
Divorce cases in Turkey are handled under two main types: contested and uncontested. Uncontested divorces are finalized more quickly when the parties agree on the terms of the divorce, while contested divorces require a longer and more complex process. In contested cases, witnesses, evidence, and the demands of both parties are considered. When children are involved, the court may seek expert opinions to make a decision in the child’s best interest.
- Financial and Moral Compensation in Divorce Cases
After divorce, parties who suffer financial loss or emotional distress can claim compensation. The court decides on compensation claims based on the parties’ degree of fault. Financial compensation may be requested when a party’s economic interests are harmed due to the end of the marriage, while moral compensation typically arises when one party is emotionally affected.
- Custody Processes After Divorce
Custody is a decision regarding who the child will live with after divorce and is crucial for the child’s physical, psychological, and social development. Custody cases in Turkey are based on determining what is most beneficial for the child, taking into account the parents’ economic and social status, as well as the environment they can provide for the child.
- Custody Modification Cases
Although custody decisions are final, they can be reconsidered due to changes in the living conditions of the child or the non-custodial parent. Custody modification cases prioritize the child’s psychological and physical well-being. For example, changes in the child’s health or educational needs may justify a modification in custody arrangements.
- Transfer of Custody and Authorized Court
In Turkey, family courts are authorized to hear custody cases. Parents have the right to request custody of the child, and the court has the power to gather evidence independently. If any abuse is detected against the child or if the custodial parent is found to be neglectful, the court may decide to transfer custody.
- Agreement on Child Custody
While parents can reach an agreement on custody in divorce cases, the court may alter this agreement if it is deemed against the child’s best interest. According to recent legal regulations in Turkey, the child’s opinion is considered in custody decisions after a certain age. Courts strive to make the best decision for the child’s mental and physical health.
- Rights of the Non-Custodial Parent
The non-custodial parent continues to bear financial responsibility for the child’s care and education. Additionally, visitation rights for the non-custodial parent are arranged based on agreements between the parents. In Turkey, visitation rights are essential for maintaining a stable and healthy relationship with the child.
- Recent Regulations in Divorce and Custody Cases
Recent legal changes aim to resolve divorce and custody cases more quickly and effectively, ensuring the welfare and safety of children. In evaluations of which parent will gain custody, the child’s social and psychological development is given priority.
- Professional Support in the Divorce and Custody Process in Turkey
Divorce and custody cases are emotionally and legally complex. Seeking assistance from an expert attorney is vital to protect the parties’ rights. Our firm provides comprehensive legal support to clients in divorce and custody cases, helping achieve the best outcome. You can consult us to ensure your legal rights are protected in the divorce process and reach the healthiest
