What Is The Case Of Changing Custody?

17 Jan What Is The Case Of Changing Custody?

In order to change the custody after the decision to divorce and be finalized, there should be substantial changes in the case of the child and the custody party. These fundamental changes are also required to be effective and effective in the development of the child. The change may be in the child’s condition, or custody may be in the case of the party given to it. For example; custody given to the child’s serious health problems with the emergence of the child’s care to be able to show that the situation, the child’s violence, child work.

The custody party after the divorce includes the care, education, teaching, protection, representation of children, rights, duties, duties and obligations of children related to their personalities and property, and the rights and duties of the party given to them on children’s personalities. to provide livelihoods, to grow and to perform their education. The custody party must fulfill all of these obligations.

The main point that the custody party should prove is that the custody party has neglected the obligations and duties listed above for the custody of the minor. it has to prove that it has not fulfilled its obligations properly.

In the cases of custody change, witness statements are among the substantive evidence and can be proved by all kinds of legal evidence, especially witness evidence that the custody party violates the obligations of the party given to it. Again in the scope of the case, the child’s custody may also be proved by the Social Review Reports to be organized by the social scrutiny staff whose interests are violated by the side of the child. If the custody is not substantiated by the fact that the party that owns it has not fulfilled its obligations related to the custodian and has acted in contradiction with the benefit of the minor, then it shall be decided to reject the custody case.

In the case of custody, it will be decided to change the custody if it is proved before the court that the party in custody has acted in breach of the custody obligation. The custodian who requested that the custody be given to him / her shall be entitled to request a suitable alimony of child support. The amount of child support will be determined by taking into consideration the social economic conditions of the parties and the child’s age and costs.

In the case of separation and divorce, the purpose of arranging custody is the prospect of the minor. Accordingly, the main thing in the organization of custody, to protect the benefit of the small and to ensure the future of the future.

It should be noted that the custody duties of the mother and father cannot be interfered unless the conditions for the abolition and custody of the custody have been fulfilled. In the case of the child given to the custody of the child or the subject of the child in question, it is imperative that there are fundamental changes after the divorce clause, and also the substantial change must be significant and continuous. It should be noted that, in order to protect the benefit of the minor and to secure its future, the main thing in organizing the custody should be concluded by evaluating the results of each event, the size of the danger, the difficult to be repaired, which prevents the physical and spiritual development of the child and which will be continuous; In determining and regulating custody, the benefit of the child should be considered.

In this context, consideration should be given to the special circumstances of the child, such as the child’s gender, date of birth, educational status, who is studying alongside, the child’s interest in the child’s educational status, his / her health, who may be provided treatment by health status.

It is inevitable to take into account the characteristics of parents in the determination and regulation of custody. Therefore, the court, leaving the child to someone else, neglect, kidnapping, voluntarily abandoned, whether the side of the request of custody, violence, infidelity, economic status, profession, environment, bad behavior, alcohol addiction, health, unbalanced behavior It should be taken.

The court, as described by the characteristics of the child’s accustomed environment, not to change the brothers, the separation of the brothers should be taken care of, the child’s body, the idea, whether there will be a serious and convincing evidence whether the obstacle to the moral development of the child or whether the existence of the immediate danger and whether the existence of the evidence The fact that the goodness of the situation does not require custody change by itself should be considered.