29 May Reasons For Termination Of Custody
Reasons for termination arising from the law;
A -) if the child has reached the age of eighteen or married and has reached the age of fifteen or has become a minor by his / her own request, the consent of his / her guardian, and the decision of the court, the custody shall be terminated. However, if the adult is restricted and does not require the appointment of a guardian, custody shall continue until the state of limitation is eliminated. Custody ends when the state of limitation is eliminated.
b) if the child is given to a third person as a child, the rights and obligations arising from the custody shall pass to the adoptive person.
C) in the event of the death or loss of the parent or child, custody shall be terminated. However, if only one of the parents has died, the right of custody shall be granted to the surviving spouse. In the event of both of them dying, the child is assigned a guardian.
Termination of custody by court order;
The judge will remove custody, if necessary, either spontaneously or upon request. The pre-condition of the judge’s decision to remove custody is that other measures relating to the protection of the child cannot be concluded or that these measures will be insufficient. If the child is to be protected by other measures, custody should not be removed.
1.failure to perform the duty of custody as required means that the parents are not able to perform the duty of custody as required due to inexperience, illness, presence elsewhere or similar reasons. The fact that the parents are poor does not require the removal of custody, but their habit of laziness can be justified. The reasons listed are the reasons that continue for a certain period of time and prevent the task from being performed properly. Further measures are taken to eliminate this inexperience of the parent before custody is removed due to the inexperience of the parent. Supreme Court 2. HD 7.9.In the principle and Decree No. 7102-8157 dated 1999, ” the right to custody cannot be removed unless it is proven that the mother’s incapacity and failure to perform the duty is given to her.”in the form of. Parents ‘ illness may not be based on their own fault. This disease should be severe enough to prevent him from carrying out his custody duties. The occurrence of conditions such as mental illness is the best example of this. In addition, the reasons are not shown in the law in a limited number, and the issue of what the similar reason is is appreciated by the judge. The right to custody may also be abolished if parents are restricted.
b) if the parents do not give sufficient attention to the child, do not have a valid excuse for this neglect and if this situation is permanent, the right of custody may be abolished. Here the parents must be flawed and the child must be harmed by this situation. The court of Cassation 2HD 21.03.1994 dated and 4405-4618 basis and Decision No. dog tag; the children left to the father should be determined that they are actually left to the grandmother and decided to change the custody.
c) in case of severe violation of parents ‘ obligations to the child, the right to custody must be severely violated and exorbitant negligence must be made in order to remove custody.
d) in the case of the remarriage of the parent who has the right to custody, custody of the child may be removed for the remarried parent by acting in the interest of the child. If the parent does not properly fulfill the requirements of the custody duty after marriage or if the child’s interests require that the case be filed, the family judge may change the right of custody of the child according to the circumstances and circumstances of the situation.
e -) custody authority cannot be used if the parents are sentenced to imprisonment.
Custody Modification Case
Court decisions regarding custody do not constitute final provisions. Custody can be changed according to varying conditions. This change is only carried out by the decision of the judge.
15.04.1992 days and 1992/2-140 E. of the General Assembly of the Supreme Court of law 1992/248 K: in order to change custody through divorce, there must be significant changes in the case of the party or child given custody and these changes must be permanent rather than temporary. 12 Of The United Nations Convention On The Rights Of The Child. and the 3rd edition of the European Convention on the exercise of the rights of the child. and 6.if the child is able to understand the meaning and importance of the situation in question, the opinion of the child should be taken in accordance with the provisions contained in the articles. In addition, in the case of one of the reasons for the above-mentioned removal of custody in the spouse to whom custody has been granted, it should be decided to change custody based on the benefit of the child. For example, it is possible to change custody if the party to whom the custody is left suffers permanent and severe illness.
Supreme Court 2. HD E:2013/4764 K:2013/25031 and in the case law of 4.11.2013, it is not considered sufficient for the change of custody by the mother or father who assumed custody to be remarried. Custody can be changed if the child’s interests require it. To do so, he must present evidence that it would be in the best interest of the child suing for a change of custody.
On the other hand, no deadline has been set for the opening of the custody change case. The interests of the child can be opened as soon as the work requires the opening of this case. This case can be filed not only by the individual who does not have custody, but also by the individual who has custody of the child.
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