What Is Temporary Custody In A Divorce Case?
The right to live separately is granted to the parties by submitting the petition for divorce to the family court with payment of fees, that is, by opening a divorce case. However, in this case, there is a problem with which parent the joint children will stay with. During the continuation of the divorce case, the judge’s decision on which job the joint children will remain in is called a “temporary custody” or a “precautionary custody” decision.
169 of the Turkish Civil Code entitled temporary importance. According to the article, when a divorce is filed, the judge takes the necessary measures on his own during the litigation process. Temporary custody and personal relationship facility are also included in these measures to be taken. However, it should be noted here that the decision on temporary custody issued by a family court judge is not a final decision, but only a precautionary decision that may be valid only during the divorce proceedings. Therefore, it is also possible that a decision contrary to the temporary custody decision may be made in the judgment to be given at the end of the case.
During the continuation of divorce proceedings, the spouses generally cannot agree on who will retain custody of their joint children. This situation also leads to an extension of the trial period in divorce cases. In some divorce cases, the parties can reach an agreement on the spouse to whom custody will be granted. However, in the event that the parties have agreed, the judge is not bound by this agreement and can sign a different decision by taking all measures in favor of the joint child by himself.
How Does The Judge Determine Temporary Custody In A Divorce Case?
As a rule, the party who filed the lawsuit must submit its request to the court to stay with the joint child in the petition for action or the response petition, and the plaintiff party must submit its request to stay with the joint child in the response or the second response petition. However, since the principle of the judge’s re-sen investigation is in question in matters related to custody, both parties can request that temporary custody be granted to him at all stages of the trial.
In the proceedings of the divorce case, which side of the joint children will remain on is determined by taking into account the social economic situation studies of the parties and the report of a social worker or pedagogue who is an expert in his field. When considering temporary custody, the judge,
– Ages of joint children and parties,
– Thoughts and behavior of joint children,
– Living conditions of joint children
– The brothers should not stay away from each other and
– It takes into account the issues that lead to a divorce case.
Ages Of Common Children
It is generally accepted that children in the age range of 0-3 years are physically and spiritually in need of maternal care and attention. It is considered very difficult for children in this age range to be separated from the mother, and custody is usually given to the mother.
children in the age range of 4-7 years are again in need of maternal care and attention, but unlike children in the age range of 0-3 years, they have lost their mother’s need for habits such as toilet, eating and drinking. In this case, if there is no problem with the child staying with the mother, it is usually preferable to give custody to the mother.
in children over 8 years old, the situation is more different. After this age, the children’s need for their parents decreases and they begin to form their own thoughts and behaviors. In this case, taking into account the recent case law of the Supreme Court, the joint children should be heard by the judge and the custody issue should be evaluated taking into account this rest.
Thoughts And Behavior Of Joint Children :
If the file is sent to a teacher or social worker to express an opinion on who will retain custody of joint children, the teacher or social worker provides a face-to-face interview with joint children and learns the thoughts and behavior of children by asking which parent feels better and is happier with them. This aspect is also an important element in determining temporary custody.
Considerations That Lead To A Divorce Case:
When establishing a decision on temporary custody, the judge also takes into account the issues that accompany the divorce case. The issues that the judge will consider here are such as whether there is a situation of psychological, physical, verbal and economic violence against children, or whether the parents who are party to the case have a bad habit with addiction. It is possible that these examples can be reproduced.
The Brothers Should Not Stay Away From Each Other
In a divorce case, the parties can request that only one or several joint children remain with him. However, in such cases, it is taken into account that decoupling of siblings may constitute a separate trauma by the family court judge, and an interim decision is usually established that joint children should not stay away from each other.
The party requesting temporary custody must have the appropriate environment for the children to live in at home. The habits and living conditions of joint children are taken into account in this. In addition, the party requesting temporary custody must have the financial strength necessary to care for the child. However, this condition is not a condition that will be considered as a priority. The financial situation will also be considered by the judge if both parents have the same conditions. However, to the extent required by the child’s high interests, it is possible that custody may also be granted to a party who has no income and does not work.
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