Legal Status of the Child in Divorce Case

Legal Status of Child in Divorce Case
Legal Status of the Child in Divorce Case

Divorce is the termination of the marriage union between couples for various reasons, which are enumerated in the law and shaped by the Supreme Court decisions in practice. Divorce cases can be seen as a contested divorce case or an uncontested divorce case. Particularly contentious divorce cases are extremely challenging and contentious for couples who want to divorce. Therefore, in this publication, we will share more on the experiences of children in contested divorce cases.

However, if there is someone who is very affected by the divorce case, perhaps even the couple, it is the joint children of the parties to the divorce case. In the case of a contested divorce, due to the divorce case, the joint children feel a great sense of emptiness with the deterioration of the family structure in which they should grow up, they can only spend time with one of their parents at the times specified in the court decision on establishing a personal relationship, and they cannot get enough efficiency from the warmth and sincerity of the concept of family. This situation can trigger many psychological problems in later ages, especially for children who directly or indirectly witness their parents' divorce cases at an early age.

Child Custody in Divorce

Joint custody of the child is an accessory to the divorce case. In other words, it is not necessary to wait for the decision to be finalized in the divorce case before a decision can be made regarding custody. In a contested divorce case, even if the parties do not have a request, the judge may make a decision regarding the custody issue, since the best interest of the child is a principle related to public order.

Regarding the custody of the joint child in the divorce case, the provision of "temporary custody" is established as a precaution during the contested divorce case. If a divorce is decided after the trial, temporary custody ends and permanent custody is decided.

While deciding on which spouse to leave the custody of the child, the rule that is taken into consideration with the highest priority is the principle of "best interests of the child". The custody decision is established by considering the best interests of the child. For this reason, it is not always possible to leave the custody of the child to the mother. In cases where the mother abuses the joint child, has alcohol or drug addiction, or neglects the child, custody may be left to the father. However, in practice, it is seen that the custody is mostly given to the mother, and especially in the early period, the mother-child relationship is heavily taken into account when establishing a provision regarding custody. Due to such details Ankara divorce lawyer It is important to work with The main reason for this situation is interpreted as the important effect of the mother-child relationship dynamic that will be established between the mother and the child in the early period on child psychology.

Establishing a Personal Relationship Between Spouse and Child Who Cannot Get Custody

The spouse, whose custody is not left to him, may request from the court a decision to establish a personal relationship with the child, except in exceptional circumstances. This request should be accepted unless there is a justifiable reason to the contrary. Establishing a personal relationship between the child and the spouse whose custody is not left to him is the right of the child as well as the right of the spouse who cannot get custody, and therefore it is one of the consequences of the principle of the best interest of the child.

The decision to establish a personal relationship with the child usually includes provisions such as:

  • “To establish a personal relationship on a boarding basis between 1:3 on Friday and 18:00 on Sunday in the 18st and 00rd week of each month”
  • “Establishing a personal relationship by boarding between 1 August at 12:00 and 30 August at 18:00 during the summer holidays each year”

Although the court has made a decision regarding custody, it is desired to establish a personal relationship between the other spouse and the child, so that the child can grow up in a united family structure, and that the other parent is not deprived of love, attention and education.


Günceleme: 13/01/2023 13:15

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