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Family Law- Child Custody/Divorce

Yanıt
Old 30-09-2015, 21:01   #31
Konuk

 
Varsayılan

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.
Old 06-10-2015, 20:19   #32
Av.Kadir ORUÇ

 
Varsayılan Dear Konuk (Guest)

Alıntı:
Yazan Konuk
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.

I could not understand by the word of “joining” whether she wants to see her children or to live with them permanently. Your daughter has right of custody over her children according to the law. This right gives her to take them with her and to make decisions about their future for their best interest. She has to apply to the family court where the children live concerning custody matters. But she must find, contact an attorney at first working in the district of her children and do whatever required with the legal assistance of him/her.
Regards.
Kadir ORUÇ
Attorney
Old 06-10-2015, 21:52   #33
Av.Kadir ORUÇ

 
Varsayılan Dear Konuk (Guest)

Alıntı:
Yazan Konuk
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.
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
Old 13-10-2015, 06:45   #34
Konuk

 
Varsayılan Child support

I am Spanish and I got two kids from a Turkish man (we are not married). He doesnt support my children. Could he stop having rights on them? How long time should I support that he doesnt give them money? We live in Spain.
Old 15-11-2015, 10:02   #35
Av. Gamze Akderin

 
Varsayılan

Alıntı:
Yazan Konuk
I am Spanish and I got two kids from a Turkish man (we are not married). He doesnt support my children. Could he stop having rights on them? How long time should I support that he doesnt give them money? We live in Spain.

Dear Konuk,

As he is the father of your children he cannot stop having rights on your children (if he is registered as the father on birth records). This also means that he will need to contribute towards the care of your children. You can file a case about monthly support from him.

Regards,
Attorney Gamze SHARMAN
Old 16-11-2015, 03:00   #36
Konuk

 
Varsayılan

Hi;

I am a male, US citizen currently living in the United States. I was dating a Turkish girl that was in the US on a college Visa.

She is now back in Turkey finishing her last year in college. She just found out she is pregnant with my baby.

She wants to come to the US so we can marry. Is this possible? And if so, what is the best way to go about getting her here? She is very scared that her parents will disown her and she will become homeless. The baby is due in 6 months and I also want to marry her.

I am very worried for her safety. please advise.

Thank you,
Joe
Old 16-02-2016, 19:46   #37
Konuk

 
Varsayılan monircarlisle@gmail.com

My husband is Turkish and living in Istanbul. I am American and live in Seattle, USA with our daughter. We are separated and he agreed to pay child support but pays nothing. How can I get help in Turkey to enforce child support arrangments?
Old 16-02-2016, 21:48   #38
Av. Gamze Akderin

 
Varsayılan

Alıntı:
Yazan Konuk
My husband is Turkish and living in Istanbul. I am American and live in Seattle, USA with our daughter. We are separated and he agreed to pay child support but pays nothing. How can I get help in Turkey to enforce child support arrangements?

Dear Madam,

You have mentioned that your husband has agreed to pay child support however to be able to answer your question I need to know if your separation was finalized via court case.

Regards,
Att. Gamze SHARMAN
Old 24-03-2016, 11:47   #39
Mr. Papa

 
Varsayılan Child Custody-Move abroad

Based on consensual divorce protocol, my ex-wife has gotten custody of our child and I was given generous weekly visitation rights. We both live in Turkey and I pay child support. Now, she is considering to move permanently outside of Turkey and take along our child without my consent. I want to know:
1. Can she do this without my permission, violating in effect my weekly visitation rights? What are my defenses, if any?
2. Will İ have to continue paying for the child's agreed upon expenses after she takes off to a different country without my consent? What are my defenses, if any?
Old 03-04-2016, 08:38   #40
Av.Kadir ORUÇ

 
Varsayılan Change Visitation Schedule

Alıntı:
Yazan Mr. Papa
Based on consensual divorce protocol, my ex-wife has gotten custody of our child and I was given generous weekly visitation rights. We both live in Turkey and I pay child support. Now, she is considering to move permanently outside of Turkey and take along our child without my consent. I want to know:
1. Can she do this without my permission, violating in effect my weekly visitation rights? What are my defenses, if any?
2. Will İ have to continue paying for the child's agreed upon expenses after she takes off to a different country without my consent? What are my defenses, if any?

Dear Mr. Papa,

1. Your ex-wife does not have to get your permission to go permanently outside of Turkey even though violating your visitation rights.
2. You have to continue paying child support since the verdict on divorce and child support is still valid.
3. There must be an arrangement concerning visitation rights in case where the parties (you and your ex-wife) started live in different countries in the verdict.
4. If the verdict taken before does not meet your visitation rights, my opinion is that you have to apply to the family court where your child is living at the present and to request the court to change the visitation schedule according to the new situation.
5. Besides, please visit : http://family-law.freeadvice.com/fam...visitation.htm

Best regards.

Kadir ORUÇ
Attorney
Old 03-04-2016, 18:48   #41
Konuk

 
Varsayılan claim during divorce

Hello,

Our marriage was registered in Kazakhstan and attested through the embassy of Turkey in Kazakhstan. A child was born and live in Kazakhstan too. Do I have right to claim property in Turkey during divorce and what will be the share? How is it possible to verify which was property is registered on his name? How to file for financial support in Turkey?

Thanks
Old 03-04-2016, 18:57   #42
Konuk

 
Varsayılan claims during divorce

Hi, our marriage was registered in Kazakhstan and attested by turkish embassy there. A child was born and lives in Kazakhstan. Can I file claims over property in Turkey and what will be the percentage of inheritance for me and my child?
Old 10-04-2016, 16:45   #43
Av.Kadir ORUÇ

 
Varsayılan Claim During Divorce

Alıntı:
Yazan Konuk
Hello,

Our marriage was registered in Kazakhstan and attested through the embassy of Turkey in Kazakhstan. A child was born and live in Kazakhstan too. Do I have right to claim property in Turkey during divorce and what will be the share? How is it possible to verify which was property is registered on his name? How to file for financial support in Turkey?

Thanks

Dear Konuk (Guest),

First of all, where will you start divorce proceeding and case for dissolution of separation of property regime? In Kazakhstan or in Turkey? And which law is going to be applied in divorcement and dissolution of property regime case? "Kazak" or "Turkish" law? And since you have made marriage in Kazakhstan, what is your “marital property regime” ? "Separation of properties" regime or "any other" regime? Your claim for property may change according to the law to be applied (Kazak or Turkish law) and according to your "marital property regime". (Please click here: https://en.wikipedia.org/wiki/Matrimonial_regime)

I think in Turkey, you may learn whether your husband has any immovable property or not from any Directorate of Land Registry and if he has any car etc. from any Security Directorate.

In Turkey, any plaintiff woman may claim financial support (alimony) for herself and child support "in" divorcement case.
So its better you to get opinion of a lawyer in all these issues because they are primarily related to “conflict of laws” (please click here: https://en.wikipedia.org/wiki/Conflict_of_laws) and that makes the matter more complicated.

Best regards.

Kadir ORUÇ
Attorney
Old 17-08-2016, 21:05   #44
Konuk

 
Varsayılan

Dear Sir/ Madam

I am a colombian citizen and I have been married to a turkish man for almost 2 years, we have a 3 years old son who has dual citizenship, (Turkish citizenship card and a Colombian passport). My son was born in Colombia and we moved to live in turkey when he was 6 months old when he was 1 year old I got married to his father. However, In Colombian passport I am the only parent because my actual husband has never been in Colombia. I want to get a divorce on the grounds that my husband can be very aggressive and violent and has hit me next to my child. However, I am very afraid I will not get custody of my son that is the reason I am still in Turkey. Additionaly here in Turkey we live with my mother in law and my husband brother and also I have to mention that I do not know Turkish language and he does not let me work or even go out without his company. If I go back home I will live with my parents, my father is retired and my mom working. they have their own house. Whereas, in turkey we are paying rent and also living with my husband mother whom got divorced recently. Any help or advice will be much appreciated.
Old 07-09-2016, 18:53   #45
Konuk

 
Karar child custody for mother who travels

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?
Old 24-09-2016, 16:15   #46
Av.Kadir ORUÇ

 
Varsayılan child custody

Alıntı:
Yazan Konuk
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?

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
Old 18-03-2017, 14:29   #47
Av. Muhammed Kuş

 
Varsayılan

Alıntı:
Yazan Konuk
Hi;

I am a male, US citizen currently living in the United States. I was dating a Turkish girl that was in the US on a college Visa.

She is now back in Turkey finishing her last year in college. She just found out she is pregnant with my baby.

She wants to come to the US so we can marry. Is this possible? And if so, what is the best way to go about getting her here? She is very scared that her parents will disown her and she will become homeless. The baby is due in 6 months and I also want to marry her.

I am very worried for her safety. please advise.

Thank you,
Joe

Hello,

For your problem there is no problem with Turkish government in this matter. Your girlfriend should come to you. According to US law, she should apply for Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen. Whether here or in the Us you should get married, doing so she could stay in the USA.

Wish the best.
Yanıt


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