Best Child Custody Lawyers in Tarsus

About Child Custody Law in Tarsus, Turkey

Child custody law in Tarsus, as in the rest of Turkey, is guided by the Turkish Civil Code and related family laws. Custody refers to the legal right and responsibility of parents to care for and make major life decisions about their children. In Tarsus, the courts always prioritize the best interests and welfare of the child when determining custody arrangements, taking into account the child’s age, well-being, and the capacity of parents to provide care.

Why You May Need a Lawyer

Many families in Tarsus find themselves needing legal help when they are unable to resolve child custody issues on their own. Situations may include:

• Parents separating or divorcing and disagreeing about who should have custody.
• Concerns about the safety or welfare of the child in the care of the other parent.
• Requests to change existing custody agreements due to changed circumstances.
• One parent planning to move to another city or country with the child.
• Grandparents or other relatives seeking custody or visitation rights.
• Cases involving domestic violence or child abuse.

A lawyer familiar with local procedures can help protect your and your child’s rights, prepare the necessary documents, and represent you in court if needed.

Local Laws Overview

Child custody in Tarsus falls under national Turkish law, specifically the Turkish Civil Code. The main aspects are:

• Types of Custody: Custody can be sole or joint. Usually, mothers are given custody of very young children unless circumstances suggest otherwise. Joint custody is possible if it is in the child's best interest and parents agree.
• Best Interest of the Child: Courts evaluate the child’s relationship with each parent, the ability of each parent to meet the child's needs, and the child’s own wishes (especially if the child is older).
• Changing Custody: Either parent can request changes in custody if significant changes in circumstances occur (e.g., remarriage, relocation, risk to the child’s health or development).
• Visitation Rights: The non-custodial parent usually retains visitation rights unless there are serious concerns regarding the child’s safety.
• Enforcement: Local courts in Tarsus enforce custody orders and can intervene if a parent fails to comply.
• International Cases: Special laws and treaties (like the Hague Convention) apply in cases of international child abduction.

Frequently Asked Questions

What does "custody" mean in Tarsus, Turkey?

Custody (velayet) refers to the legal responsibility and authority a parent has to make decisions about the child's upbringing, education, and general welfare.

Who is typically granted custody after a divorce?

Traditionally, mothers are often given custody of young children unless circumstances indicate otherwise. Courts always consider the child’s best interest before making a decision.

Can fathers get custody of their children?

Yes. Fathers can be awarded custody if it is in the best interests of the child. Courts consider the physical, emotional, and educational needs of the child and the ability of each parent to meet those needs.

How is visitation decided?

Visitation rights are typically granted to the non-custodial parent. The schedule is set by the court, keeping in mind the child’s routine and the parents’ circumstances.

Can custody orders be changed?

Yes. If there is a significant change in circumstances, such as a parent’s relocation, remarriage, or changes in the child’s needs, an application can be made to the court to change custody arrangements.

What if one parent takes the child without permission?

If a parent removes a child from the other parent or from Tarsus without consent or against a court order, this can be grounds for legal action. In international cases, special treaties may apply.

At what age can a child decide who to live with?

While there is no set age, Turkish courts consider the opinions of children who are mature enough to express their wishes, usually from 8-12 years old and above, but the court will always make the final decision based on the child's best interests.

Is joint custody allowed in Tarsus?

Yes, joint custody is recognized if both parents agree and if it’s considered beneficial for the child’s development and welfare.

Do grandparents or relatives have custody or visitation rights?

Grandparents and other relatives can apply for visitation or, in exceptional cases, custody, particularly if both parents are unable to care for the child.

What documents are needed for a child custody case?

Documents often required include marriage/divorce certificates, birth certificates of the child, proof of residence, any prior custody agreements, and evidence supporting your case (such as reports, photos, or witness statements).

Additional Resources

If you need more information or assistance regarding child custody in Tarsus, these resources and organizations can be helpful:

• Tarsus Family Court (Tarsus Aile Mahkemesi): Handles all legal matters related to child custody.
• Bar Association of Mersin (Mersin Barosu): Provides a lawyer referral service and legal advice for family law matters in Tarsus.
• Social Services (Aile ve Sosyal Hizmetler İl Müdürlüğü): Offers support for children and families, including child protection services.
• Local Women's and Family Centers: Often provide guidance and counseling for custodial disputes and domestic issues.

Next Steps

If you are facing child custody issues in Tarsus, consider these steps:

1. Gather all relevant documents related to your marriage, divorce, and your child.
2. Consider discussing the situation with the other parent to reach a mutual agreement if possible.
3. If you cannot reach an agreement or if there are safety concerns, consult with an experienced family lawyer in Tarsus as soon as possible.
4. Your lawyer can help you initiate or respond to a custody case at the local Family Court.
5. If urgent protection is needed for your child, contact Social Services or the police for immediate assistance.
6. Attend all required court hearings and follow the orders of the court faithfully.

Professional legal advice can help you understand your rights and responsibilities, ensure your child’s well-being is prioritized, and guide you through the local legal process.