Custody in a Divorce Case
In case of divorce, the right of custody belongs to the mother or father to whom the children were handed over.
It is accepted that children between the ages of 0 and 3 are in absolute need of maternal care and Decency. Due to this situation, when deciding on the custody of children up to the age of 3, the mother’s work, home, the amount she earns and her lifestyle do not matter at all. In these decisions made by the Supreme Court in a stable manner, it is stipulated that the custody of children of this age should be left definitively to the mother.
It is observed that children between the ages of 3 and 7 are less in need of mother’s care and Decency. However, it is an exception for a child living in these periods to be taken from the mother and given custody to the father. For example, if the mother harms the child’s health, is unable to take care of the child, the mother’s health is in poor condition, custody of the child can be taken from the mother and given to the father in case of reasons such as.
Although age is still important in determining the custody of children between the ages of 6 and 12, the financial opportunities that the parties will offer to the child in such cases are also beginning to come to the fore. In such cases, one of the most important considerations that the judge will take into account in his assessment will be which spouse can provide a better education and future for the child. At the same time, the judge of the court will also listen to the child through an expert pedagogue, and in this way he will also apply to the child’s opinion.
It is believed that children aged 12 years and older have reached a certain maturity and can express themselves in any way they want. In the face of this general opinion, judges can also appoint custody by listening to children, as they think that children can easily express themselves, choose the parents they want to stay with, and so on.
Is the Child’s Request Important When Granting Custody?
Of course, when granting custody of the child, the child’s opinion, with whom he wants to stay, is important. Already in court, he is definitely asked by the judge who he wants to stay with, next to whom he would be happier. The judge makes his decision, taking into account other elements and the thoughts of the child.
Exercise of the Right of Custody
The right of custody is a right that is firmly attached to a person. For this reason, it is not possible to transfer the right or waive custody. As long as the marriage continues, the mother and father exercise this right together. That is, they act together in caring for the child, education, meeting the needs of protection, taking care of his personality, representing the child and managing his property. In the event that the parents cannot agree on a matter related to the use of custody, the behavior that is in the best interests of the child must be carried out in accordance with the provisions on the protection of the child. Within the scope of the right of custody, parents must take care of their children carefully and make the necessary efforts to ensure that they receive a good education. Being a mother and father includes some rights and responsibilities, and these rights and responsibilities are guaranteed by the Turkish Civil Code. In the event of a divorce of the spouses, the provisions on custody have been regulated in order to protect the rights and interests of the immature child. In the case of divorced spouses, who will be left custody will be determined entirely by taking into account the interests of the child.
