WHAT IS THE CASE FOR CHANGING CUSTODY? - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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WHAT IS THE CASE FOR CHANGING CUSTODY?

WHAT IS THE CASE FOR CHANGING CUSTODY?

WHAT IS THE CASE FOR CHANGING CUSTODY?
It is a lawsuit filed to change the owner of the right after the right of custody has been granted to one party. In order for a custody change lawsuit to be filed, situations must change or the right of custody cannot be used as required.

REASONS FOR CHANGING CUSTODY
The reasons that require changing the custody right can be listed as follows:

Preventing the establishment of a personal relationship with the child: The party who is not granted custody has the right to request a personal relationship with the child. If the establishment of a personal relationship with the child is prevented directly or indirectly and this situation is proven, changing custody may be raised.
Leaving the child to a person who does not have the right to custody: This person may be the parents who do not have the right to custody, as well as 3. a person can also be. The fact that the party with custody of the child leaves the child with someone else for a long time will raise the issue of changing custody. But this also needs to be proved.
In cases where the child’s interests require: In cases where the obligations of the right of custody are not fulfilled, the change of custody will be raised in accordance with the child’s interests.
The emergence of new phenomena: Situations such as the marriage of the mother or father may have different effects on the child’s mood. In these cases, it will be necessary to re-evaluate the right to custody. In the same way, situations such as the death of a party or going to a distant place can also be considered as situations where it will be necessary to file a case for changing custody.
The financial strength of the owner of the right of custody is not one of the reasons that will require changing the custody. Because the child’s maintenance and education expenses are under the joint responsibility of the mother and father. Both parties are obliged to participate in these expenses at the rate of their financial strength. Participation alimony is provided for this matter. The person who does not have the right of custody will pay the child support at the rate of his financial strength and will participate in the child’s expenses.

THE COURT CHARGED AND AUTHORIZED IN THE CUSTODY CASE
The court in which the custody change case will be heard is determined within the framework of matters of authority and duty. Accordingly, the Family Court is the court charged with handling the case. However, in the absence of a family court at the place where the case will be filed, the Court of First Instance, in the capacity of a family court, will conduct a custody change case. If the court authorized the custody case is the court of the defendant’s place of residence at the time of the case.

Animosity in the case is directed to the person who has the right to custody.

HOW IS CUSTODY USED IN CASES WHERE THERE IS NO MARRIAGE?
In cases where the parents are not married, the right of custody belongs to the mother. This applies to cases where the child was not born in a marital union.

Granting the right of custody to the mother is not an obligation that the judge must necessarily comply with.

In cases where the mother is small or limited, or if there is a situation where custody should not be given to her, she can also give custody to the father by evaluating according to the conditions of the prevailing situation. Even this guardian can be appointed.

WHAT IS THE SCOPE OF THE RIGHT OF CUSTODY?
The scope of the right of custody is the making of the necessary decisions and the fulfillment of obligations in the interests of the child. This coverage includes the care of the child and his education in all aspects. The right of custody is given to the owner in such a way that the decisions to be taken on behalf of the minor child are in the best interests of the child. Important points about the education of the child are as follows:

The child should be educated to the maximum that the possibilities allow. This education should be given from all sides, physical, mental and spiritual.
If the child has a physical or mental disability, education should be provided in this direction.
The right to determine the religious education to be given to the child is a right granted to the mother and father. However, of course, an adult person will be free to choose his own religion.
HOW IS THE CHILD UNDER CUSTODY REPRESENTED?
The representation of the child under custody belongs to the mother and father in the marital union. The mother and father exercise their right of representation within the framework of their custody.

WHAT ARE THE CONDITIONS FOR THE REMOVAL OF CUSTODY?
The conditions for the abolition of the right of custody are as follows:

For reasons such as inexperience, illness, the custody duty should not be fulfilled properly. The fact that the holder of the right of custody is located elsewhere or has to travel constantly is also considered in this context.
Due attention to the child should not be paid and the child’s care and representation should be severely disrupted.
If the right of custody is revoked, there is no obligation to give it to the other parent. If it is not considered appropriate to grant custody to the other party, the child can appoint a guardian. The abolition of the right of custody is not granted in such a way that it applies only to an only child. A decision is being made to cover all existing children.

WHAT ARE THE CONSEQUENCES OF CHANGING CUSTODY?
The legal consequences of changing the holder of the right of custody are listed as follows:

The rights and obligations imposed by custody pass to the person to whom custody is granted.
In case of changing the custody, the personal relationship between the person who has been granted custody and the child can be Dec. This arrangement is officially made by the judge who decides to change custody.
Subsidiary alimony is decided. Because the right of custody concerns only the representation and care of the child. Even if the child’s mother or father does not have the right of custody, their responsibilities to the child remain. For this reason, the child must bear all kinds of maintenance and education expenses at the rate of his strength.
THE AGE OF THE CHILD IN THE CUSTODY CASE
The age of the child whose custody is requested in the custody case is one of the important points. Because the needs of the child may also vary depending on his age. However, it is important to note that the age of the child is not a sufficient criterion for granting custody to one party alone. That is, the judge will make an assessment taking into account the requirements of the concrete situation. The child’s age and implications in the custody case are as follows:

December 0-3: This period is the period when the child needs the most care and affection. It is also the age range in which children are most attached to their mother. Separating the child from his mother may have negative consequences for the child’s mental health and personal development. For this reason, custody is usually given to the mother. However, if it is understood that the mother will severely disrupt her custody obligations, in this case, custody may be given to the father.

December 3-7: During this period, the child’s need for the mother decreases. However, it is still of great importance for her personal development and mental health to be close to her mother. For this reason, custody is often left to the mother. If it is understood that the mother cannot fulfill her custody obligations, in this case, custody may also be left to the father.

December 6-12: This period is called school age. During the school age period, custody is given to the party who will allow the child to build his future and offer the child all kinds of support in the process. Reports of social workers are effective in this process.

12 years and over: It is accepted that children in this period have reached the age of understanding now. In the process of custody proceedings, the children’s opinion is taken into account. Custody is granted to the party who is considered to fulfill custody obligations better, taking into account the child’s request.

In accordance with the latest case law of the Supreme Court, a child who has reached the age of 8 will be heard by the court and his choice will be asked about custody. A decision on custody will be made by the court after the child is heard.
THE OBLIGATION OF THE SPOUSE WHO DOES NOT HAVE CUSTODY TO BEAR THE EXPENSES
Subsidiary alimony is ruled against the spouse for whom custody has not been granted. This alimony ensures that the spouse who does not have custody participates in the expenses of the child at the rate of his financial strength.

Defect rates are not important in determining subsidiary child support. Because the child is biologically the child of that person, whether he has custody or not. Therefore, there are responsibilities towards the child.

Subsidiary alimony will be determined in the process of changing custody proceedings. The considerations taken into account in its calculation are as follows:

The age of the child
Education
Economic conditions
General needs of the child
The financial situation of mom and dad
Income of the child

Taking into account these criteria, the judge may decide on subsidiary alimony in favor of the joint child in the process of litigation.

 

You can access our other article examples and petition examples by clicking here.

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