What is custody?Custody is the legal duties, powers and rights that the parents have over their child and their child’s property in order to ensure their care and protection.According to the Turkish Civil Code article 335, underage children are under the custody of their parents. The custody of the child cannot be taken from the parents unless legal reasons require it. As long as the marriage continues, the parents use this right together. In cases of divorce or separation, the custody of the child is determined by the judge.It continues until the child’s maturity. If the adult child is restricted, the judge may also decide to keep the child under the custody of the parents or to put the restricted child under guardianship.It is a right that is strictly attached to the person and cannot be transferred to another person, and the right of custody cannot be waived. Unless there are legal requirements, the right cannot be taken from the parents.
What does custody include?Parental custody is regulated in general terms under article 339 of the Turkish Civil Code. According to the law, the right of custody includes the following:-When using the right of custody, the opinion of the child is taken to the extent possible.Child’s opinion should be taken to the extent of his/her maturity when using the right of custody. Turkish Civil Code cares about the perspective of the child while organizing his/her social and educational life.-Parents make decisions about the care and education of the child.The parents can make decisions about the care and education of the child in their best interest. According to Turkish Civil Code article 340, child’s education is both a right and a duty for the parents.-Children are obligated to listen to their parents if it is in their best interest.Provided that it is in the best interest of the child, the child should pay attention to the parents’ advice and follow their instructions. If the child receives instructions contrary to their best interest, protective measures are taken by the judge in accordance with Turkish Civil Code article 346. -Naming the childThose who have the right of custody have the right to name the child.-Child’s place of residenceChild’s place of residence shall be the same as the people whose custody the child lives under.The child cannot be taken from their parents without a legal reason. Likewise, the child cannot leave the house without their parents consent.-Parents’ rights and duties to manage the property of the childThe right to manage the child’s property belongs to the parents as long as the custody continues. This is both a right and a duty for parents. If the parents do not fulfill their responsibilities, the judge may intervene in the name of the protection and best interest of the child’s property.If the parents are divorced, the parent that has the right of custody is obliged to hand the book showing the child’s asset value over to the judge and notify any significant changes that occur in child’s assets and investments.According to the law, parents can use their child’s property. If these goods generate income, it is used primarily for the child’s care, education and all the needs they may have for a healthy upbringing, and then to meet the family’s needs in fairness.The parent’s right to manage the child’s property ends in the following ways:
- When custody ends
- When management is taken from parents