Custody Lawyer
16
Jul
In custody disputes, the best interest of the child is at the center, not the wishes of the mother or father. The court takes into account the child's safety, current living arrangement and long-term development before the parents' requests.
A sustainable custody and personal relationship plan should be established by evaluating the child's safety, care order, education, health and emotional development together. Initially Custody Change Case It would be useful to determine the current situation.
What is Considered in a Custody Case?
Court; parents' care capacity, the child's current living arrangement, sibling relationships, school and health conditions, risk of violence or neglect, and age-appropriate Can evaluate the child's opinion. If necessary, an expert review and social review report is obtained.
Legal Basis and Basic Principles
Turkish Civil Code regulates custody as the rights and obligations of parents regarding the care, education, representation and protection of the child. The best interest of the child is the fundamental principle in divorce and subsequent lawsuits. Personal relationship decisions should also be appropriate for the child's development.
When making a legal evaluation, not only the name of the event; The nature of the parties, the date of the transactions, the development of the dispute, the existing documents and the applicable periods should be considered together. Two files appearing under the same title may have different legal consequences due to their details.
Major Issues of Importance in the File
- Protection of the child's established living and educational order
- Parents' care time, accommodation and support opportunities
- Whether the child's relationship with the other parent is hindered
- Investigating allegations of violence, addiction, neglect or abuse
- Benefits of siblings staying together
- Obtaining the opinion of the child appropriate to his age and maturity
Examining these issues systematically before a lawsuit or application helps establish claims correctly and prevent unnecessary procedures. In particular, limitation periods, statute of limitations, duty and authority rules should be checked separately depending on the type of file.
How Does the Process Progress?
| Stage | Explanation |
|---|---|
| first review | The current custody decision, personal relationship order and the child's current living conditions are examined together. The parents' care capacity, working order, housing conditions and the child's education and health needs are determined individually. Previous problems are listed in chronological order and it is evaluated which events can be proven with documents or witnesses. |
| Preparation | Records regarding the child's school, health, social environment and daily care arrangements are prepared in accordance with the file. Concrete events explain how the request serves not only the parent's wishes but also the best interest of the child. Creating a workable plan in terms of personal contact days, transportation, holidays and special needs can prevent new disputes. |
| Application | The petition clearly states the reasons for the custody request, why the current order is not sufficient, and the proposed new plan. If there is an emergency that requires the protection of the child, requests for interim measures in accordance with the conditions of the file are also submitted. By explaining which claim the documents support, an auditable chronology of events is established instead of abstract and repetitive narratives. |
| Follow-up | The social investigation report, expert interviews, school and health records, and witness statements are compared throughout the trial. If the child's opinion is to be sought, it is important that it is evaluated in accordance with his age and developmental level, without placing the responsibility for the decision on the child. After the decision, the implementation of the personal relationship and delivery order should be monitored, and significant condition changes should be re-documented. |
How to Assess the Child's Opinion?
When the child's age and developmental level are appropriate, his/her opinion may be important; However, decision responsibility should not be placed on the child. Whether the declaration was made under pressure, current living arrangements and expert evaluations should be considered together. The child's wishes should not be evaluated in isolation, but in harmony with his safety and long-term development. At this stage Kağıthane Divorce Lawyer The compatibility of documents and requests related to the file with the file should be checked.
Important: The child's opinion is important in the custody file; However, decision responsibility should not be placed on the child. The declaration, age and development level, as well as safety and care conditions are evaluated together.
Documents and Evidence that Can Be Prepared
- School, health and guidance records
- Child's care and expense documents
- Social investigation report and expert evaluations
- Law enforcement, protection order and health documents
- Documents regarding the working and housing conditions of the parents
- Witness statements and legal communication records
It is essential that evidence is obtained by lawful methods. Just having the document available may not be enough; It is required to clearly indicate in the petitions which facts you prove and to bring them from the relevant institution when necessary. It is necessary.
Important: In family law files, temporary measures and the best interests of the child are issues that must be protected before the final decision.
The Role of the Lawyer in the Custody Case Lawyer Process
Representation by a lawyer is not mandatory in every dispute. In addition, it is important to determine the legal nature of the file, apply to the right authority, follow the deadlines, present the evidence and evaluate the legal remedies after the decision. Professional support may be important.
- Determining the strong and risky aspects of the file in advance
- Preparation of petitions and requests in accordance with the concrete case
- Responding to the other party's claims and evidence in a timely manner
- Regular follow-up of hearings and interim decisions
- Evaluating the possibility of compromise and litigation risks together
Personal Relationship Plan is Applicable
When determining meeting days, school calendar, transportation, holidays, health needs and parents' working schedule should be taken into account. An unclear or difficult to implement plan can cause new conflicts. Clear regulation of details such as delivery times, special days and distance communication supports the child's stable relationship with both parents.
Preparation for Expert Interview
The child should not be guided and the responsibility for the decision should not be imposed before the social examination or expert interview. Parents should explain the daily care routine, school, health and personal relationship plan with concrete information. The purpose of the meeting is not to evaluate the superiority of the parties, but to evaluate the child's safe and sustainable living arrangement.
How is the Best Interest of the Child Determined in a Custody Decision?
In the custody evaluation, the child's safety, continuity of care, education system, health needs and emotional needs are taken into consideration before the parents' allegations against each other. AI development is taken into account. Parents' living conditions are not compared only on the basis of financial means; The capacity to devote time to the child, establish cooperation, and support the relationship with the other parent is also important. ir. The situation of the siblings and the social environment to which the child is accustomed are examined as holistically as possible.
What to Consider When Establishing a Personal Relationship Order?
The days, hours, place of delivery and special periods of the personal relationship to be established with the parent who is not given custody should be determined in a practicable manner. The order established without taking into account the child's age, school calendar, health status and the distance between the parents' cities may lead to new disputes. In order for the parties to avoid conflict during the delivery, the communication method and how mandatory changes will be notified should be clear, and the decision should be made on the child's daily basis. It facilitates its implementation in a way that protects life.
Frequently Asked Questions
Is custody automatically given to the mother?
No. There is no automatic rule based on gender; The court evaluates the best interests of the child in the concrete case.
Is the child's opinion taken?
The opinion of a child who is of appropriate age and maturity can be obtained through methods that are free from pressure and appropriate for his development. Opinion is not evaluated alone but in conjunction with other conditions. towards the end Alimony Case Lawyer Istanbul It should also be evaluated whether an additional step is required in terms of
Can the non-custodial parent have contact with the child?
As a rule, a personal relationship is established with the child. The meeting schedule is determined based on the child's best interests and safety; If there is a serious risk, limitation or surveillance may come into play.
Can siblings be separated in a custody case?
Protecting sibling relationships is important in evaluating the best interests of the child. If separate regulation is considered, its concrete justifications and impact on children should be examined.
Does changing the child's school affect the custody decision?
School order, transportation, social environment and educational needs are evaluated together with the general life plan. Instead of a single change, all of the child's circumstances are taken into account.
Can the non-custodial parent get information?
The child's rights to obtain information regarding his or her education and health status and to have personal relations are evaluated according to the scope of the concrete decision. It may be necessary to submit a copy of the decision in communication with institutions.
File-Specific Legal Evaluation
The purpose of the custody file is to establish an order that ensures the safe and stable development of the child. A special request should be made for the child by considering the documents, expert examination and daily care conditions together.
This article has been prepared for general information purposes. It does not constitute legal advice or an opinion on a concrete case.
