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The concept of child custody is viewed with paramount importance by the judiciary system of Turkey, including the region of Ordu. In Turkey, issues concerning child custody are primarily ruled by the Civil Code of Turkey which was enacted in 2001. While determining child custody, Turkish courts primarily consider the best interests of the child. Usually, child's physical, mental, moral, and social development is taken into account along with the child's personal opinion (if of appropriate age and maturity).
Hiring a lawyer can be crucial in child custody cases for a plethora of reasons. Custody battles can become complicated with various factors being taken into consideration by the court. A lawyer can make sure that your case is presented effectively and your side is adequately represented. They can help guide you through the intricacies of the law, help you understand your rights and responsibilities, represent you during trial or negotiation, and provide you with the necessary counsel and support during this challenging time. Beyond that, if the other parent has hired a lawyer, it's in your best interest to have a lawyer represent you as well.
In Turkish law, child custody can be granted to either parent, or in rare cases, to a qualified third person or institution. Turkish courts prefer that child custody is granted to the biological mother in divorce cases, especially if the child is under seven years old. However, if it’s in the best interest of the child, custody can be given to the father. Joint custody, where both parents share legal and physical custody, is not typically granted unless the parents agree. Courts, to a reasonable extent, also consider the child's preference if the child has reached the age of discretion, usually 12. Child support, visitation rights, and other aspects are also determined in accordance with the local laws and the best interest of the child.
The child can express their preference at age 12. However, the final decision always rests with the court's determination of the child's best interests.
The court considers several factors when determining custody, primarily focusing on the child's best interests. Factors may include the parental bond, parenting skills of each parent, child's emotional and physical health, evidence of child abuse, each parent's living conditions and financial stability, and the child's preference.
Yes, depending on the situation, the court can grant visitation rights to grandparents if it’s in the best interest of the child.
Yes, custody decisions can be modified if there has been a substantial change in circumstances since the original order, and the modification would serve the best interest of the child.
In rare cases, custody may be granted to a non-biological parent or a qualified institution if it is in the child's best interest.
There are several resources available that can provide further assistance: the Ministry of Family, Labour, and Social Services provides many resources related to family law and child welfare. The Bar Association can provide a list of certified lawyers and legal advocates. You can also research relevant Turkish Civil Code, Family Law Code and Legal Practitioner guides to understand your legal rights better.
If you’re seeking legal assistance in a child custody case, your first step would typically be to find a reputable lawyer who specializes in family law. Consult with them and discuss your case in detail. Make sure to stay open and honest about your situation and always keep the best interest of your child in mind. Remember to gather all necessary documents and evidence for your case which will strengthen your position and represent your side in the best possible way.
