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Custody
Child Custody
Family
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About Child Custody Law in Tekirdağ, Turkey

Child custody law in Tekirdağ, as in the rest of Turkey, is governed by the Turkish Civil Code. When parents separate or divorce, the custody of their children (“velayet”) is a central issue. The primary goal of the courts is to protect the best interests and well-being of the child. Custody can be awarded to one parent or, in some cases, shared. Tekirdağ’s local Family Courts administer custody cases and their decisions are based on careful consideration of each family's unique circumstances.

Why You May Need a Lawyer

Navigating child custody issues can be complicated and emotionally challenging. Many people in Tekirdağ seek legal assistance in the following situations:

  • Filing for divorce and needing to determine child custody arrangements.
  • Modifying existing custody orders due to changing family situations.
  • Disagreements or disputes regarding visitation rights (“kişisel ilişki”).
  • Concerns about child safety, abuse, or neglect.
  • Dealing with international custody, especially if one parent plans to move abroad.
  • Establishing paternity and related custody rights.

Working with a qualified lawyer ensures that your rights and those of your child are fully represented and protected throughout the legal process.

Local Laws Overview

Tekirdağ follows Turkish national law with local application in its Family Courts. Some important aspects of child custody law include:

  • The best interests of the child is the guiding principle in all custody decisions.
  • Typically, custody is given to the mother when the child is very young, but each case is considered individually.
  • The non-custodial parent usually has visitation rights unless there are serious concerns for the child’s safety.
  • Shared custody is rare in Turkey, but the court may decide it fits certain circumstances.
  • Decisions are based on factors like the child’s age, health, emotional bonds with parents, and parents’ ability to care for the child.
  • If custody arrangements need to be changed, an application must be made to the Family Court with justifiable reasons.
  • Enforcement of custody and visitation orders is handled by the court, with potential consequences for non-compliance.

Frequently Asked Questions

What is “velayet” and who usually gets it?

“Velayet” means child custody. Generally, custody is granted to the mother for younger children, but the court ultimately decides based on the child’s best interests and specific family situation.

Can shared custody be granted in Tekirdağ?

Shared custody is not common in Turkey. However, in certain cases where it is deemed best for the child and both parents are capable, the court may order it.

What rights does the non-custodial parent have?

The non-custodial parent typically has the right to regular visitation and to be informed about the child’s well-being, unless there are exceptional concerns about the child’s safety.

How are custody decisions made?

Courts consider many factors, such as the child’s emotional and physical needs, parents’ financial and living situations, and the strength of the parent-child relationship. The best interests of the child are always the top priority.

Can custody orders be changed later?

Yes. If circumstances change significantly (for example, a parent’s relocation or a change in the child’s needs), parents can request a revision of the custody order in court.

What should I do if I am denied visitation or access?

If you are denied visitation (kişisel ilişki), you can apply to the Family Court in Tekirdağ to enforce your rights. If needed, court enforcement officers can intervene.

Is child custody automatically given to the mother?

While young children are often placed with mothers, there is no automatic rule. The court may assign custody to the father or another guardian if it is determined to be in the child’s best interests.

What role does the child’s opinion play?

Depending on the child’s age and maturity (generally around age 7 and older), the court may consider the child’s wishes, but this is only one of several factors.

Can a parent move the child to another city or country?

Relocation requires court approval, especially if it would affect the other parent’s visitation rights. Moving abroad can be particularly complex and often requires negotiation or legal proceedings.

How do I start the custody process in Tekirdağ?

You should file an application (dava dilekçesi) at the Family Court (Aile Mahkemesi) in Tekirdağ. It is recommended to consult with a lawyer to prepare your case and understand your rights.

Additional Resources

If you are seeking more information or assistance with child custody in Tekirdağ, you may find the following resources useful:

  • Tekirdağ Bar Association (Tekirdağ Barosu): Offers legal guidance and provides listings for family law attorneys in the region.
  • Tekirdağ Family Court (Tekirdağ Aile Mahkemesi): Handles all cases related to family law, including custody.
  • Ministry of Justice (Adalet Bakanlığı) - Legal Aid Service: Provides access to free or subsidized legal services for those who qualify.
  • Local Social Services (Sosyal Hizmetler): Assists families and children experiencing hardship or conflict.

Next Steps

If you need legal assistance regarding child custody in Tekirdağ, here’s what you can do:

  • Consult a qualified family law attorney to discuss your specific circumstances.
  • Gather all relevant documents, such as marriage certificates, birth certificates of children, and any correspondence or evidence related to the custody issue.
  • Contact the Tekirdağ Bar Association for referrals to experienced lawyers.
  • If your financial situation is limited, inquire about legal aid through the court or Ministry of Justice.
  • Prepare to attend meetings or court sessions and follow your lawyer’s advice closely.
  • Keep the best interests of your child as your primary concern during all proceedings.

Taking prompt and informed action is key to ensuring that your parental rights and your child’s welfare are protected.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.