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I teach English and travel for work. I lived in Turkey and fell pregnant to my boyfriend. He did not help, would not work and eventually I gave birth to baby girl in my country South Africa. I left him 6 months later. I continue to travel and teach English.
He never contested my leaving him and taking his child. He never calls to check on her. He has paid a minimal amount and he is mostly out of work. He lives with his parents.
I have issues constantly with travelling with my daughter - especially in Islamic countries. I need a legal letter or court order that gives me legal rights to my daughter and to travel freely with her.
Could he get this in Turkey by a lawyer? Would this suffice?
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Dear Konuk,
According to Article 337 of the Turkish Civil Code; “If mother and father are not married, custody belongs to mother.” This is imperative by the operation of Turkish law.
Now your child must be registered to your page under your name in the General Registry Office of your country. Custody belongs to you automatically.
If father fulfills “recognition procedure”, by applying to Directorate of Registry Office or taking a verdict as a result of a lawsuit from a Turkish court, your child will be registred under the name of father in the General Registry Office of Turkey. He will be father formally then.
But even in that case, the custody will not change. Recognition is not sufficient solely for changing custody. After “recognition”, if a necessity appears for changing custody because of the best interest of the child, the court may grant custody to father upon application.
Regards
Attorney Kadir ORUÇ