With article 335 of the Turkish Civil Code numbered 4721, it has been accepted that a child will be under the custody of his mother and father until he reaches majority.
The provisions on custody regulated between Articles 335 and 351 of the Turkish Civil Code, as a rule, are related to public order. In cases related to custody, the principle of ex officio investigation is applied and the judge makes a decision regardless of the demands of the parties. In other words, rather than the demands of the mother or father, the best interests of the child is taken into consideration.
The United Nations Convention on the Rights of the Child consisting of 54 articles (20 November 1989) has been accepted by Republic of Turkey and it was published in the Official Gazette No 22184 on January 27, 1995.
In the first article of the contract, it is accepted that a person will be considered as a child up to the age of 18, except for the age of majority at an earlier age, with the law article applied in the relevant country. In our Turkish Civil Code, it is accepted that a person will be under the joint custody of their parents until they reach majority.
“TCC Article 335 / 1- A minor child is under the custody of his parents. Unless there is a legal reason, custody cannot be taken from the parents. "
"TCC Article 11 - Majority starts with the age of eighteen."
Until an arrangement is made for personal relationship with the child, a personal relationship cannot be established without the consent of the person who has the right to custody or who the child is left to him. (TCC Article 326/3)
The situations of gaining majority by marriage are also regulated.
During the continuation of the marriage of the mother and father, there is no possibility of conflict in practice in terms of custody in terms of the child born in the marriage . However, in cases of filing a divorce case and / or in cases of opposition to the Law No. 6284, it is important to decide whether the parent's custody of the child will be left to the mother or father.
In case of separation and divorce, the purpose of organizing custody is the future interests of the child. In other words, the main purpose of the regulation of custody is to protect the interests of the minor and to secure his future.
However, it is worth noting here that it is not possible to intervene in the custody duty of the mother and father unless the conditions for changing and removing the custody are met.
Custody also includes regulations regarding the personality, rights, duties, powers and obligations of the child under the custody of the mother and father.
In particular, taking care of their children, protecting them and to ensure their education is among these duties. They should raise them as honest, hardworking and knowledgeable people who are far from bad habits.
As Mermeroğlu Law & Consultancy, we provide attorneyship and consultancy services at every stage of the trial in divorce and separation cases and disputes regarding custody of joint children.