What is a Custody Case?
A minor child is under the custody of his/her parents. Custody cannot be taken from the mother and father unless there is a legal reason. Unless the judge deems it necessary to appoint a guardian, restricted adult children remain under the custody of their parents.
Custody case; It is a type of lawsuit arising from family law filed by a spouse who does not have custody of the child against the other spouse. Custody cases are filed in family court.
How to Use Custody in Marriage?
As long as the marriage continues, the mother and father have joint custody.
If the joint life is terminated or a separation occurs, the judge may give custody to one of the spouses.
Custody belongs to the survivor in case of death of one of the parents, and to the party to whom the child is left in case of divorce.
How to Use Custody If the Parents Are Not Married?
If the mother and father are not married, custody belongs to the mother.
If the mother is young, restricted, dead, or has custody taken away from her, the judge appoints a guardian or gives custody to the father, depending on the child’s best interests.
Features of Custody of Stepchildren
Spouses are also obliged to show care and attention to their minor stepchildren.
The spouse who exercises custody over his/her own child shall be assisted by the other spouse in an appropriate manner; It represents the child’s needs to the extent that the situation and conditions necessitate it.
What is the Scope of Custody?
Mother and father make and implement the necessary decisions regarding the child’s care and education, taking into account his or her interests.
The child is obliged to listen to his parents.
Mother and father give the child the opportunity to organize his life according to his maturity; They take his opinion into consideration as much as possible on important issues.
The child cannot leave the house without the consent of his parents and cannot be taken away from them without a legal reason.
The mother and father name the child.
Binding nature of legal transactions between the child and the mother and father
The child’s ability to become indebted through a legal transaction between the child and the mother or father, or between the child and a third party for the benefit of the mother and father, depends on the participation of a trustee and the approval of the judge.
Placement of Children in Institutions
If the child’s physical and mental development is in danger or the child remains spiritually abandoned, the judge may take the child from the parents and place him/her with a family or in an institution.
If the child’s stay in the family disrupts the peace of the family to an extent that they cannot be expected to endure it and if there is no other choice depending on the requirements of the situation, the judge may take the same measures upon the request of the parents or the child.
If the mother, father and child do not have the ability to pay, the expenses required by these measures are covered by the State. Provisions regarding alimony are reserved.
Conditions for Removal of Custody
If other measures for the protection of the child fail to yield results or if it is understood in advance that these measures will be insufficient, the judge decides to remove custody in the following cases:
Inability of the parents to fulfill their parental duties properly due to their inexperience, illness, being somewhere else or similar reasons.
Parents not paying enough attention to the child or grossly neglecting their obligations towards him.
If custody is removed from both parents, a guardian is appointed for the child.
Unless otherwise stated in the decision, removal of custody covers all existing and future children.
Removal of Custody in Case of Remarriage of Mother or Father
Remarriage of the parent with custody does not require removal of custody. However, when the interests of the child require it, the custody holder can be changed, or custody can be abolished and a guardian can be appointed for the child, depending on the situation and conditions.
Obligations of Mother and Father in Case of Removal of Custody
If custody is abolished, parents’ obligations to cover the care and education expenses of their children continue.
If the mother, father and child do not have the ability to pay, these expenses are covered by the State.
Provisions regarding alimony are reserved.
Custody in Case of Change of Situation
If the situation changes, measures to protect the child must be adapted to the new conditions.
If the reason requiring the removal of custody is eliminated, the judge returns custody ex officio or upon the request of the mother or father.