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Child Custody

Yanıt
Old 15-02-2005, 00:35   #1
Serkan

 
Varsayılan Child Custody

A friend of mine who is a foreign citizen wishes to bring his kids from his first marriage to Turkey. What kind of paper work is needed by the Turkish authorities, any idea? He may not have a legal binding agreement with his wife, it may just be an agreement based on trust. Could that be a problem legally from the Turkish side? Thanks for your help.

Serkan
Old 13-03-2007, 07:08   #2
Konuk

 
Varsayılan Foreign wife/children

Im getting married to a turkish man, I am from south america and have 2 children from my previous marriage. We are planning to marry and live in Turkey with my children, and later have children together too. In case of the marriage not working out, how is the custody of our children handled, since I am not a Turkish citizen. Does he have the right to get the custody of our children because I am not Turkish? What if I want to go back to my country, can I take my children with me? What about my children from my previous marriage, does he get when we get married any rights upon their custody?
Also about property, if we buy a house together, do we have 50/50 rights for that property if we get divorced?
I'd really appreciate your help with these concerns I have before I make this huge decision and change in my life...thank you
Old 13-03-2007, 17:45   #3
yyyasemin

 
Varsayılan

I am going to start your first question. Turkish man your second husband for turkey legal sistem says your provious merriage s children from your ex husband and your children family name is your ex husband name. If your turkish husband adapt your children and he give a familyname he would be legal father for them( not biolojic )and he safe them he should keep them if you want to go back you country. Your second problem you didnt tell us because your exhusband wants your children ?
Your second question: If you have property with your husband you would be on the safe because turkish legal sistem take safe woman .
You have 2 option for your property
firstly You take separate of property or you beleive your husband you would take community property
Our cammon law take you safe and if he go to bankrupt you would be safe for your property.
My advice you yourself property your and if you have new property you would take contract with your husband.
l hope you ll good
Atorney Yasemin gulluoglu
Texas / houston
Old 15-03-2007, 06:33   #4
Konuk

 
Varsayılan Foreign wife/children

I got my final divorce decree in the US from my first marriage 7 months ago, does the 300 days period after divorce apply to me as a foreigner before I marry a Turkish man, or is it mandatory only for Turkish women?

If I marry my Turkish fiance in the USA, is the marriage automatically legal in Turkey, or do we have to register it in Turkey in order for it to follow the Turkish laws, or do we have to get married again in Turkey?
Old 16-03-2007, 08:22   #5
yyyasemin

 
Varsayılan your questions

you have 3 question
your first question is about period
we have 300 days period for all women but you passed it and our legal doesnt want this time because you should show doctor paper about period. It s not important
2. question
you should marry in the USA it is ok only you must to take same government subscription from turkish embassy.
3.question
You dont need again marry in Turkey only you would show the your marry paper to turkish parish register.
After marry you should need new turkish certificate of birth and turkish marriage certificate
if you have another question l am in the USA you should take contact
yasemin
Old 26-05-2007, 13:43   #6
Konuk Help

 
Soru Child Custody

My daughter has just separated with her Turkish husband and has moved in with me. She has of course, brought my grand child with her. Her husband was never home and never once in the 20 months since my grand child was born, spent any family time with them. He is either out or in bed. He is now threatening my daughter with going to a solicitor, as she picked up some of her personal effects and the babies toys from her marital home. Even though, she did tell him she was going to do so and he seemed fine with it at the time. She is petrified he will try and take the baby away from her, even though she is a good mother and he is a negligent father and husband. (but, not a bad person.)
My daughter and grand child both hold dual nationality, if this makes a difference both being English/Turkish.
Old 28-05-2007, 00:51   #7
Cest la vie

 
Varsayılan

So, what is your question?
Only judge can decide on the child's custody and usually the infant is given to the mother.
Old 31-10-2007, 15:22   #8
Konuk

 
Varsayılan Child Custody

I really did not know under what heading to put my situation. I'm divorced from my Turkish husband, he lives in Turkey, I live abroad with our 12 year old son, I have custody, however, I send our child to Turkey for vacations.

Problem: I have found out from the child himself that his married father uses prostitutes in front of our child. By "in front of the child", I mean the child was introduced to the prostitutes, then instructed where to wait, then told to keep quiet about it. I have 100% proof and due to this unacceptable behaviour, I no longer want our child to spend anytime with his father. Is there a Turkish law that finds this behaviour illegal?. Our child has not only been exposed to his father's indiscretions, but also to indiscretions of other married relatives there. To expose young children to such indiscretions I find it disgusting and totally immoral.
Old 24-08-2009, 14:56   #9
Konuk

 
Mesaj Child Custody/Child support and adultery?

My US husband is stationed in Turkey. He had an affair with a Turkmen women during a deployment to Turkmenistan last year and I have just found out has continued the affair since being in Turkey. We have two small children and I want to know will I be able to request child support via Turkey or US law and will I be able to apply for full custody even though he is not in the US. Neither one of us are Turkish he has just moved to the country.
Next question: can I do anything in the courts against the women? Adultery?
Old 25-08-2009, 19:48   #10
Av. Bülent Sabri Akpunar

 
Varsayılan

Are you both US citizens? If so US law prevails the custody matters.Though "Adultery" is specified as a specific ground for divorce by the Turkish Civil Law, divorce case shall be dealt by the US civil law in your case
Old 15-06-2012, 14:12   #11
Konuk

 
Varsayılan

I am married to a Turkish citizen. We have a 4 year old daughter. Both me and my daughter are holding dual citizenship from my country and Turkey. We are planning to divorce soon. Who will get custody of the child? Is my (soon-to-be) ex-husband going to give financial support to the child? Can I go back to my home country anytime (with my daughter) without getting approval from my ex-husband?
Old 09-07-2012, 18:31   #12
Av.Kadir ORUÇ

 
Varsayılan

Alıntı:
Yazan Konuk
I am married to a Turkish citizen. We have a 4 year old daughter. Both me and my daughter are holding dual citizenship from my country and Turkey. We are planning to divorce soon. Who will get custody of the child? Is my (soon-to-be) ex-husband going to give financial support to the child? Can I go back to my home country anytime (with my daughter) without getting approval from my ex-husband?

Dear Konuk (Guest),

To whom custody of the child is to be given has been left completely to discretion of the judge.
The judge benefits from the opinion of a pedagogue when deciding.
And the judge will consider economical and social situations of father and mother, their life styles,their relationships with the child, need of mother compassion of the child etc.
The judge is not bound to the statements of parties.
Here, only interests of the child are taken into consideration.
The judge may give custody of the child even to an institution by removing custody from both father and mother when necessary.
The judge may lay child support obligation on the party to whom custody has not been left upon request or ex officio.
There is no any obstacle or approval of your (soon-to-be) ex-husband to go to your home country with your daughter if custody of her is left to you.
But you should allow personal relationship of your daughter with her father in the direction of decree.

Sincerely.
Yanıt


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