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Hello,
I am US citizen and my wife is a Turkish national. We live in Turkey. We have been married for three and a half years (together for 8) but are no longer doing well. We were married in Turkey. We have a 2 and a half year old baby girl. My daughter is both a US citizen and a Turkish national. If my wife or I petition for divorce what type of child custody arrangement can I expect? My wife does not work nor has had a job in the last 10 years. I am worried about the economic future of our child because my wife is planning on moving to be near her family which is on the other side of Turkey. Can I stop her from moving so far away? What options do I have regarding custody/visitation? I obviously would prefer joint-custody but I understand that option is not available here in Turkey. If we divorce on good terms can we make our own custody arrangement?? Although, I would want this approved by the court after we came to an agreement. Alternatively, if we don't divorce on good terms what basic right would be afforded to me as a father (albeit a foreigner)?
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Dear Guest,
It is possible that you and your wife make a divorce protocol(agreement) which you can define the custodial issues. When you file a divorce case, you will take your divorce protocol to the court. If the judge thinks that your agreement is in accordance with Turkish Family Law , the judge will approve your agreement and give a decision about divorce.
If you do not divorce on good terms and if the court gives your daughters custody to your wife the judge will determine your visitation rights.
If your wife gets the custody of your daughter and she moves somewhere else after the divorce case, you have a right to make an application to Turkish Family Courts about the issue.
Regards,
Av. Gamze SHARMAN