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Family Law- Child Custody/Divorce

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Old 30-01-2002, 16:13   #1
Vivian Volker

 
Varsayılan Family Law- Child Custody/Divorce

In the US, there is a difference in sole custody and joint custody, the
latter custody being the predominant choice of the US courts. Does this
difference exist in Turkey as well? What are the rights of the
non-custodial parent? What may the custodial parent do without the
permission of the non-custodial parent? What rights would the woman
who marries the custodial-father have over the child, especially when the
custodial-father would pass away? What grounds exist under Turkish law
to contest custody, or even to contest/annul a divorce? Would a foreign
parent have less of a chance in getting custody of a child if that parent
wants to take him out of Turkey? Can the custodial parent refuse to give
permission to the non-custodial parent to speak on the telephone or to
see the child?

These questions are based upon a Turkish divorce between a Turkish
father who has custody of the older son (now 5yrs old) living in Istanbul
and an American mother who has custody of their younger son (now 3.5
yrs old) living in the US.

I would appreciate any and every assistance and information which can
be given to me on this topic. Thank you in advance.
Old 30-01-2002, 16:13   #2
Law

 
Varsayılan

In Turkish law there is only "sole custody" and term "joint custody" does
not exist. Right of non-custodial parent is limited to visitation rights which
is arranged by the Court in most cases together with divorce verdict.
However if things are not going well for the child, custody can be turned
over to other parent (which is not very usual). To contest custody there
is no specific grounds but every case is considered individually. So as to
turn over custody to non-custodial parent, it should be proven in the
court that prospect of the child is bleak at the moment and non-custodial
parent's having the child under his/her custody will be much better for the
child. The Spouse who marries the custodial parent does not have any
right over the child even after custodial parent's demise. In such cases
non-custodial parent has the custody, not the spouse. Frankly, a foreign
parent has less of a chance in getting the custody of a Turkish Child
especially if taking the child to out of Turkey is planned. In fact there is
no relevant law about this but most judges will consider this action not
beneficial for the child and therefore will decree to give custody to the
counterpart if s/he is Turkish . Custodial parent have to obey the
visitation rights which are declared in the verdict and allowed to refuse
permission for any other undeclared visits or calls. This part of the verdict
can be modified by another lawsuit if necessary. This also includes the
cases in which no visitation right was granted by the divorce verdict. I
hope this helps.
Old 10-10-2008, 10:42   #3
Karmen

 
Varsayılan child custody

I ve been dating a turkish guy for 4 years and begining of this year got pregnant. My boyfriend didn t want to keep the baby so I moved to my familly in my country( Romania) where I ll born my baby. I didn t have any contact with my bf all the months since I am here as he refused to know anything about our baby. My question is: if he changes his mind can he ask custody of our baby( baby is gonna be romanian citizen)? Or in case we gonna get back together and smth is not gonna work can he take our baby s custody?
Old 12-10-2008, 00:21   #4
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Karmen
I ve been dating a turkish guy for 4 years and begining of this year got pregnant. My boyfriend didn t want to keep the baby so I moved to my familly in my country( Romania) where I ll born my baby. I didn t have any contact with my bf all the months since I am here as he refused to know anything about our baby. My question is: if he changes his mind can he ask custody of our baby( baby is gonna be romanian citizen)? Or in case we gonna get back together and smth is not gonna work can he take our baby s custody?

First, I'd like to let it be known that custody and the citizenship proceedings of your baby shall comply with the Romanian law since you are planning to give him/her birth in Romania. I'd answer your questions regarding how it would work out under Turkish law with pleasure if your baby was supposed to be born in Turkey as a Turkish citizen. However, I can't help in view of this scene considering that your baby will be a Romanian citizen who will also be a subject of Romanian internal law rules.

You need to seek the answers of your questions from a Romanian lawyer.

Best wishes
Old 04-01-2009, 13:00   #5
Konuk

 
Varsayılan

Hello,
I'm dating Turkish man he has Turkish citisenship and I'm Croatian and I have Croatian citisenship. We are planing to merry in Turkey and continue to live there (I'll move from Croatia to Turkey). My friend is warning me all the time that if we do like that and if one day we decide to devorce and i want to come back to Coatia there is no chance that I'll be able to take our children (if we'll have them) and move with them to Croatia. He says that under the turkish law if couple divorce and if mother wants to take children out of country she can't do that if father don't agree. I wonder is it truth that I can't take children with me out of country if I get custody and if we divorce is it bigger chance he'll get custody or mother and father are equal according to law?
Old 04-01-2009, 18:39   #6
Doç. Dr. Özge Yücel

 
Varsayılan

In the future if you get divorced, the court will decide about custody of your common children, the custody of the child will be your or your husband. According to Turkish law the custody can not be used together without marriage. The court will decide according to the best interests of the child. In our country women get custody generally because according to the decisions given before, the child needs love and care of his/her mother. If you want to go to Crotia you should say this fact before the court, because the court will regulate the right to visit according to your and his life styles, places. The court would recognise your moving to another country and would regulate the right to visit according to this fact. If you do this, you can go to Crotia without permission of him but if you decide to go later, you will be blocking his right to visit his child and he can apply official establishments relying on Convention on Civil Aspects of International Child Abduction. Crotia and Turkey are parties of this convention.
Finally, women and men are equal before law, the part who has custodial rights should respect the other's right to visit.
Old 27-01-2009, 17:30   #7
Liz

 
Varsayılan

I am married in Turkey legally and then in my country, by the Shariah way.

We are now divorced in my country by the Shariah way. My exhusband has attend the court and accepted to divorce.
Can I legalize my Shariah divorce cert in Turkey?
Old 27-01-2009, 18:20   #8
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Liz
I am married in Turkey legally and then in my country, by the Shariah way.

We are now divorced in my country by the Shariah way. My exhusband has attend the court and accepted to divorce.
Can I legalize my Shariah divorce cert in Turkey?

A decision of a foreign court can merely be transacted in Turkey by filing a recognition case in Turkish courts. A divorce decision can be recognized and transacted by Turkish law as long as it doesn't contradict with the public order of Turkish society.

Your divorce in your native country can be recognized in Turkey if there's nothing objectionable for Turkish public order. Turkish law doesn't discriminate the law systems, but the rules and the acts that might be considered disgraceful by itself.

I'm not capable to say whether your decision can be recognized in Turkey or not, exactly without seeing the rescript of your divorce file in your native country. But I'd like repeat it once again that Turkish law isn't biased towards any law system while recognizing an award as long as it doesn't contradict with the public order of Turkish society.

I hope this helps,

King of regards.
Old 29-12-2011, 05:15   #9
Konuk

 
Varsayılan Child Support

My ex husband has left US to return to Turkey for work after our divorce. He has not missed child support payments for nearly two years. However, the situation has changed with him abroad. We have been in good terms, but I still would like to know, if there is any child support enforcement in Turkey.
Old 01-01-2012, 21:39   #10
Av.Kadir ORUÇ

 
Varsayılan

Alıntı:
Yazan Konuk
My ex husband has left US to return to Turkey for work after our divorce. He has not missed child support payments for nearly two years. However, the situation has changed with him abroad. We have been in good terms, but I still would like to know, if there is any child support enforcement in Turkey.

Of course there is. If debtor does not fulfil his obligation voluntarily, the decree in due form involving order of child support may be executed by enforcement office. When your execution file concerning child support registered and enforcement order serviced to debtor, and if not raised objection (in case raised objection, there is another procedure) it is possible to perform attachment proceeding. Besides an imprisonment up to three months may be given against debtor upon complaint (only for running child support,not accumulated ones) by enforcement court.
Old 24-02-2012, 23:56   #11
Konuk

 
Varsayılan Does/can child support stop when one parent re-marries.

Under Turkish law if one parent (whom the children are not with) remarries is he/she still obligated to pay child support?

Thank you!
Old 25-02-2012, 23:35   #12
Doç. Dr. Özge Yücel

 
Varsayılan

Yes, it does not matter. The important factors are requirements of the child and possibilities of parents. However parent who got married can claim that amount should be reduced because ability of pay has changed after marriage.
Old 02-08-2012, 18:01   #13
Konuk

 
Varsayılan

The father of my child is from Turkey, he was in the United States going to school. When he learned I was pregnant, he left and went back to Turkey. I have been raising my son myself for 7 years and need help. Is there anything I can do seeing as I live in the United States with no funds for an attorney and the father lives in Turkey? Thank you.
Old 08-08-2012, 14:32   #14
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Konuk
The father of my child is from Turkey, he was in the United States going to school. When he learned I was pregnant, he left and went back to Turkey. I have been raising my son myself for 7 years and need help. Is there anything I can do seeing as I live in the United States with no funds for an attorney and the father lives in Turkey? Thank you.

Dear guest,

The father of your child is surely obliged to participate the expenses of his/her growing as it's a natural law rule that doesn't vary in Turkey or the USA. However, I should inform you in advance that you can not demand it direcly from him considering that there's no formal paternal line between your child and his father. To be an actual father doesn't mean to be a formal one, hence can't be obliged to participate the expenses of the child without fixing this biological relation before the formal authorities.

What you should first do is starting an action in order to fix the paternal line between your child and his/her actual father. You can merely file an alimony case against him for participating the maintenances. Turkish law is entitled at all these cases due to nationality of the defendant side.

There are various treaties that both Turkey and the USA had adhered in regarding the child custodies and alimony cases, however they won't avail before fixing the paternal relationship.

Hope this helps.
Old 23-08-2012, 15:24   #15
Konuk

 
Varsayılan

I live in Turkey with my boyfriend. We are not married but I am pregnant and was planning to give birth in Turkey in a few months. However, I do not want to raise a child with this boyfriend for very good reasons; I want to move to America after my work contract ends, and I want to take my child with me and have no contact with the father. Is it possible in Turkey to avoid including the father's name on the birth records? How can I eventually leave Turkey to move to America - do I have to get his permission even though we are not married?
Old 31-08-2012, 23:34   #16
Av.Kadir ORUÇ

 
Varsayılan

Alıntı:
Yazan Konuk
I live in Turkey with my boyfriend. We are not married but I am pregnant and was planning to give birth in Turkey in a few months. However, I do not want to raise a child with this boyfriend for very good reasons; I want to move to America after my work contract ends, and I want to take my child with me and have no contact with the father. Is it possible in Turkey to avoid including the father's name on the birth records? How can I eventually leave Turkey to move to America - do I have to get his permission even though we are not married?

Dear Konuk (Guest),

Your child will not acquire Turkish citizenship according to Turkish Citizenship Law since born extramarital (*). But it is a crime to change or to conceal the name of father of a child in declaration by mother at the Official Registry of Birth according to Turkish Criminal Code(**),(***). I am sure there must be similar provisions in your native country.So I recommend you to declare and made registered actual father of the child for both legal and moral reasons.And I do not think you can make your child passed without ID card from the airport. According to Turkish Civil Code, there is no need you to get permission of his/her father you to get your child wherever you go since parental custody of the child will belong to you (****).

Best regards.

(*)Descent (Kinship Tie)
ARTICLE 7: (1) A child born to a married Turkish father or mother, whether in Turkey or abroad, is Turkish citizen.
(2) A child born to a Turkish mother and a alien father out of wedlock is Turkish citizen.
(3) A child born of a Turkish father and an alien mother out of wedlock acquires Turkish citizenship if the principles and procedures regarding the determination of descent are met.

(**)Counterfeiting official documents
ARTICLE 204:(1) Any person who issues or uses a false document, or changes an original document to deceive others is punished with imprisonment from two years to five years.

(***)Changing lineage of a child
ARTICLE 231:(1) Any person who changes or conceals the lineage of a child is punished with imprisonment from one year to three years.

(****)ARTICLE 337:
III. In case mother and father unmarried
If mother and father are not married, parental custody belongs to mother.
Old 06-10-2012, 12:19   #17
Konuk

 
Neşeli hello

I got twin turkish kids out of wedlock. I raised them here in thhe philippines... last year their turkish dad came to file paternal acknowledgement on our civil registrar's office, therefore the children are now using his faamily name but unfortunately, therre is no monetary support cominng from him since they were born. Now the kids were five yrs. old. Where could I file child support regarding this matterr?
Old 11-10-2012, 16:51   #18
guest2

 
Varsayılan better to marry in usa or turkey?

I am US citizen planning to marry Turkish citizen this year. We are currently in Istanbul, but we can marry in USA or in Turkey.
1. If we'll have children and then divorce, from the standpoint of my custody of children, is it better we had married in USA vs Turkey?
2. Once we are married, is there an advantage to where I give child birth, USA or Turkey? Both questions aim to assure that at no point I loose custody of child(ren).
I would appreciate any answers.
Old 12-10-2012, 16:49   #19
üye25928

 
Varsayılan

Alıntı:
Yazan guest2
I am US citizen planning to marry Turkish citizen this year. We are currently in Istanbul, but we can marry in USA or in Turkey.
1. If we'll have children and then divorce, from the standpoint of my custody of children, is it better we had married in USA vs Turkey?
2. Once we are married, is there an advantage to where I give child birth, USA or Turkey? Both questions aim to assure that at no point I loose custody of child(ren).
I would appreciate any answers.

Hello;

Could you explain where you will live together as family?

and are you woman or man?

These kinds questions important to help you, regards. For more you could contact me personally from rasittavus@aol.com

regards.
Old 12-10-2012, 16:53   #20
üye25928

 
Varsayılan

Alıntı:
Yazan Konuk
I got twin turkish kids out of wedlock. I raised them here in thhe philippines... last year their turkish dad came to file paternal acknowledgement on our civil registrar's office, therefore the children are now using his faamily name but unfortunately, therre is no monetary support cominng from him since they were born. Now the kids were five yrs. old. Where could I file child support regarding this matterr?

Yes you could for sure. Just there is some important matter. For the proove Turkish law system could force your husband or exhusband, to pay, you should give more information about you, and where you married. Now where he lives, what he do, and what you do. Please contact me personally. l will try to help.

Regards.
Old 28-04-2013, 07:29   #21
Konuk

 
Varsayılan Pregnant and want to return to home country

I have been with my Turkish husband for 4 1/2 years. When we originally decided to marry, he had business obligations which would not allow him to leave Turkey at the time. However, we agreed that in the future, we would make decisions together about where we would live. His businesses are going terribly, and I have not been able to deal with the cultural differences of living in his very small town, or with not being able to do my job or at least have a spouse with a reliable income to depend upon. When I raised the idea several months ago of moving to the U.S., he was very adamant that he would not move, and told me I could go alone, as he wanted to run his failing businesses in Turkey. This was nothing like the attitude he had when we were engaged, so I decided that I would, in fact, go home. However, a very short time later, I found out that I was pregnant. He is now planning to buy a house completely on credit. I have a doctoral degree in the U.S. and millionaire parents with several houses. Neither he nor his parents have any money whatsoever; nor do they own a house or land. His father does not work due to health problems, and his mother works all day to pay their rent. His father also has a criminal record. My father is retired, and my mother will soon retire as well. Will any of this work in my favor to obtain custody of the child? Should I try to get a divorce before the child is born and give birth in the U.S. so my child does not have Turkish citizenship (I presume it is conveyed at birth, not conception)? Will it be difficult to get a divorce because of the pregnancy? I would like to work things out with my husband, or at least have him present for his first child's birth, but I am afraid that if I stay longer and decide to leave later, it will be impossible to take my child out of Turkey. Thank you for your advice.
Old 29-04-2013, 13:10   #22
Av.Kadir ORUÇ

 
Varsayılan Pregnant and want to return to home country

Alıntı:
Yazan Konuk
I have been with my Turkish husband for 4 1/2 years. When we originally decided to marry, he had business obligations which would not allow him to leave Turkey at the time. However, we agreed that in the future, we would make decisions together about where we would live. His businesses are going terribly, and I have not been able to deal with the cultural differences of living in his very small town, or with not being able to do my job or at least have a spouse with a reliable income to depend upon. When I raised the idea several months ago of moving to the U.S., he was very adamant that he would not move, and told me I could go alone, as he wanted to run his failing businesses in Turkey. This was nothing like the attitude he had when we were engaged, so I decided that I would, in fact, go home. However, a very short time later, I found out that I was pregnant. He is now planning to buy a house completely on credit. I have a doctoral degree in the U.S. and millionaire parents with several houses. Neither he nor his parents have any money whatsoever; nor do they own a house or land. His father does not work due to health problems, and his mother works all day to pay their rent. His father also has a criminal record. My father is retired, and my mother will soon retire as well. Will any of this work in my favor to obtain custody of the child? Should I try to get a divorce before the child is born and give birth in the U.S. so my child does not have Turkish citizenship (I presume it is conveyed at birth, not conception)? Will it be difficult to get a divorce because of the pregnancy? I would like to work things out with my husband, or at least have him present for his first child's birth, but I am afraid that if I stay longer and decide to leave later, it will be impossible to take my child out of Turkey. Thank you for your advice.

Dear Konuk (Guest),

It seems you have lost your hope in continuation of your marriage.
Pregnancy is not an obstacle for getting divorced.
I advise you to make consensual divorce which is quite simple and quick if you can convince your husband.
If your husband opposes to consensual divorce or to your divorce case, it will probably be quite difficult you to get divorce decree before birth.
In this situation the court will have to decide about custody of the child beside divorcement as well.
But it seems highly probable that custody of the child will be given to you if he/she is born before or during divorce suit since he/she will need mother compassion and care and because of your economical situation.
But suppose that I only shed some light on the matter and the information provided here is just a limited one.
I urgently advise you to get legal assistance from a licensed English-speaking attorney at law (Turkish or even additionally of your own country) before taking action or conducting legal transactions.

Wish you all the best.
Old 20-08-2013, 22:41   #23
Konuk

 
Varsayılan

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)?
Old 16-10-2013, 15:48   #24
Av. Gamze Akderin

 
Varsayılan divorce protocol

Alıntı:
Yazan Konuk
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)?

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
Old 28-11-2013, 10:43   #25
Konuk

 
Varsayılan

I need some help.
I am a British citizen and I have been married to a turkish man for almost 6 months now and we have a 5 month old son together, who has dual citizenship, ( turkish citizenship card and a British passport) he was also born in turkey. I want to get a divorce on the grounds that my husband can be very violent and has, on many occasions hit me. However, I am terrified that I will not get custody of my son, and I cannot leave him, this is the reason I am still here. If I go back home I will live with one of my parents, both of whom have their own houses, jobs and my father is quite wealthy. Whereas, my husbands family are rather poor however, they will be giving their land to a contractor soon to build apartments. Any help or advice will be much appreciated.
Old 02-12-2013, 09:11   #26
Av. Gamze Akderin

 
Varsayılan

Alıntı:
Yazan Konuk
I need some help.
I am a British citizen and I have been married to a turkish man for almost 6 months now and we have a 5 month old son together, who has dual citizenship, ( turkish citizenship card and a British passport) he was also born in turkey. I want to get a divorce on the grounds that my husband can be very violent and has, on many occasions hit me. However, I am terrified that I will not get custody of my son, and I cannot leave him, this is the reason I am still here. If I go back home I will live with one of my parents, both of whom have their own houses, jobs and my father is quite wealthy. Whereas, my husbands family are rather poor however, they will be giving their land to a contractor soon to build apartments. Any help or advice will be much appreciated.

Dear Guest,

First of all you can file a divorce case against your husband and also ask the family court to give restriction order against your husband if he is using physical violence on you. The judge would look at the evidence and decide if a restriction order is necessary.

Your baby is only 5 months as you mentioned before. In this case the custody will most probably given to you as the baby needs your care.

However, I would highly recommend that you consult a lawyer before making any decisions and taking any steps.

Best regards,
Av. Gamze SHARMAN
Old 10-07-2014, 14:54   #27
Konuk

 
Varsayılan British wife, Turkish husband, live uk, daughter born in uk

We married in turkey and live in the uk. We want to visit his relatives in turkey as we just had a daughter. However I have been told I will not be able to come back to the uk with my daughter without his permission is this true? Just in case we want to return earlier. this has worried me. We have not yer registered the birth but he will be on the birth certificate. Also does it make a difference if we do not have the same surname? Thank you.
Old 30-07-2014, 23:12   #28
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Konuk
We married in turkey and live in the uk. We want to visit his relatives in turkey as we just had a daughter. However I have been told I will not be able to come back to the uk with my daughter without his permission is this true? Just in case we want to return earlier. this has worried me. We have not yer registered the birth but he will be on the birth certificate. Also does it make a difference if we do not have the same surname? Thank you.

Dear guest,

Each parent has the right of custody on the kids during the marriage in any case. There's no legal obstacle for either of the parents to take along the kid(s) while leaving off the country as long as the marriage is not broken down. However, in the event of breaking a marriage down, one of the parents will be granted the custody right of the kid(s) by the court so that the other parent can not take along the kid(s) in such a case.

Hope to have enlightened sufficiently,

Regards.
Old 12-02-2015, 18:59   #29
Konuk

 
Karar canadian

I am a Canadian, I started to have a relationship with a man in Turkey and got pregnant and had a baby girl while in Turkey. I returned to Canada because he would get physically violent with me. My daughter has duo citizenship but we were never married, he is wanting her to come and spend the summer in Turkey but I know if I take her back he will never let her leave, since the last time we were there for a visit he took both of our passports and refused to give them back until I promised that I would go home and work on his immigration papers. Our relationship is over but I'm unsure about what rights I have if I take her back to visit with her father and his family?
Old 16-07-2015, 20:26   #30
Konuk

 
Varsayılan

My daughter who is a British Citizen has 3 children living in Turkey her boyfriend has just been arrested and given a 7 year jail sentence she has been deported back to the UK the children are living with his parents at the moment but she wants them to join her in the UK what are her rights and how can she do this.
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