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Hi, im an asian,married to a turkish and currently living in turkey. We have 2 kids, im planning to divorce my husband due to physical and psychological abused. I dont know my rights here in turkey..i could not go to police, due to language barrier,if i apply for divorse, can i get the costudy of my 2 children?can i get turkish passport of my children without the signature of my husband? What are my rights as a foreigner here in turkey.
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First of all even though you divorce, your children will have Turkish citizenship anyway.
If you are exposed to physical abuse, you must certainly go to the police. I am sure they (police) will easily find an interpreter for you and you will easily able to tell what you are exposed to. And it is wise to have medical report when exposed to violence because it is an important evidence for divorce case. In a divorce case, the facts must be evidenced by witnesses etc.
There are two ways of divorcement in Turkey; contentious or consensual. In consensual divorcement case, you may make an agreement with your husband over custody of your children. That way is easier. In contentios divorce case, “the family judge, having large discretion” will decide to whom the custody will be entrusted. But there are some rules in defining to whom custody is entrusted. For example if the child is very small, she or he is preferred to be left to the mother since the child needs mother compassion. And the children preferred not to be divided from each other. I mean both two is preferred to be entrusted to the mother or both to the father. And the most important rule in defining to whom custody will be entrusted is “the best interest of the child”. These rules may give an idea about the matter and the evaluation of your own situation.
By the way, if you have completed three years in marriage, you can apply to the government for being accepted to Turkish citizenship.
The judge takes economical, cultural or social situations of parties and chooses better situation for the best interest of the child. When married, right of custody is exercised by both mother and father together. If you divorce and custody is granted to you, you will not need permission of your ex-husband in the issues regarding your children. I advise you to get counsel in all these matters of an attorney (lawyer) in your district anyway.
Sincerely.
Kadir ORUÇ
Attorney