What is a Custody Case?

Custody case is a type of family law case in which the spouse who is not the custodian of the child files a lawsuit against the other spouse. Custody cases are filed at family courts.

According to Turkish Civil Code, custody covers the care, education, training and protection of the child. Custody also includes rights, duties, powers and obligations regarding the personality and assets of the child under the custody of the parents. The rights and duties of the mother and the father with respect to the personality of the children are to take care of their children, look out for them, ensure their subsistence, and ensure that they are raised and educated. In this context, they are entitled and obliged to raise them as persons without bad habits, with good morality, hardworking and well-educated through education to the extent desired. No intervention is made to the custodian duties of the mother and father unless there are conditions to abolish or change the custody. The purpose of custody arrangements in case of separation or divorce is to protect the future benefit of the child.

Filing a custody case requires the divorce case to be completed. The mother and father use the custodianship jointly as long as the marriage continues.

If joint life is ended and separation has been realized, the judge may grant the custody to one of the spouses. (Civil Code – Article 336)

If one of the parents die, the custody is entrusted to the living parent and in a divorce, it is entrusted to parent to whom the child is given.

Custody Comprehension Age: The court should listen to and ask the opinion of the child about custody when arranging the custody of children above a certain age. Custody comprehension age is 8 and above according to the practice of the Court of Cassation. It is not possible to arrange, change or remove custody without receiving the opinion of children aged 8 or above (General Assembly of Civil Chamber-Decision 2018/1278).

Why is a Custody Case Filed?

Custody cases are usually filed when one of the spouses seek to assume the custody of the child with the claim to take better care of the child and provide a better future.

In a custody case, changing the custody is possible when the mother or father fails to show sufficient care to the child or grossly neglects his or obligations regarding the child. (Civil Code – Article 348)

Custody cases can be filed during or after the divorce case and the custody can be changed.

Custody cases are usually filed by one of the spouses against the other based on reasons such as the lifestyle, income, place of residence etc. of the child under his or her custody. In child custody cases judges usually decide to entrust the custody to the mother unless there is anything to the contrary according to the age of the child and social rules.

How is a Child Custody Case Filed?

A child custody case is filed at a family court of peace by applying with a child custody case petition. Unlike a divorce case, the petitioner can choose the hearing date on the petition. Legal evidence prepared to convince the judge is very important in a child custody case. Persons filing a child custody case should explain to the judge with such convincing evidence that having the child live with him or her will be much more beneficial for the child. Receiving help from a private investigator will be vital for this.

Change of Custody Case

A change of custody case is filed when a change occurs in the situation of the party receiving the custody after it is entrusted to the mother or father; the mother or father fails to duly use the custody right due to reasons that arise later, or when required for the interests of the child.

The essential point in arranging the custody is to protect the interests of the child and secure his or her future. Custody is also related to public order and it is necessary to take into consideration the interests of the child rather than the requests and statements of the parents. Taking into consideration the fact that custody is related to public order and the best interests of the child, it should always be re-evaluated according to changing conditions and the issues asserted at every stage of the trial should be taken into account.

Reasons for Change of Custody

An incident must have taken place and this must have disrupted the custody duty for a change of custody. This separates change of custody from removal of custody. This is because removal of custody requires gross misuse or gross neglect of the custody duty.

The conditions of change of custody are clearly arranged in the Turkish Civil Code. Article 183 entitled “Change of Situation” of the Turkish Civil Code includes the following provision: “The judge shall automatically or upon request by the mother or father, take the necessary measures if required by new facts such as change in the situation, the mother or father marries someone else, travels somewhere else or is deceased.”

The said article provides ruling on the reasons for change of custody. Accordingly; preventing the establishment of a personal relation with the child, leaving the child with the mother or father who is not actually entitled to custody or with a third party, reasons required by the interests of the child (e.g. health, education, morality, security), re-marriage by the mother or father holding custody, the party entrusted with the custody travels to another place, decease or preventing use of the custody duty are reasons for change of custody.

Conditions for Removal of Custody

The judge will decide to remove the custody under the following cases if no result is achieved from other measures taken for the protection of the child or if such measures are realized to be insufficient in advance:

  • The mother or father is inexperienced, ill, located elsewhere or fails to duly fulfill the custody task due to any similar reason.
  • The mother or father fails to show sufficient care for the child or grossly neglects his or her obligations regarding the child.
  • A guardian is appointed for the child if custody is removed from both the mother and the father.

Removal of custody covers all existing and future children to be born unless otherwise stated in the decision. When deciding to remove custody regarding a child, the court should also decide that it is not necessary to remove custody for the other children for whom removal of custody is not necessary; otherwise, the custody will be removed for the other children as well.

What is Evidence Collection for Custody Cases?

Evidence collection for child custody cases is the process of obtaining any information and documents that will impact the decision in child custody cases that decide on whom to entrust the rights of spouses, for whom divorce decision is given, on their children.

Why is Evidence Collection for Custody Cases Important?

Evidence collected in a child custody case will leave a good impression on the judge hearing the case and increase your chance of winning the case. The judge might conclude the case against you if he or she is of the opinion that the evidence you present to your advantage are insufficient for the child.

The task of a private investigator in child custody cases is to collect the necessary evidence on your behalf to make you win the case.

Strong evidence is required from evidence collection for child custody cases in filed or to be filed cases. The parties are as strong as their evidence as such cases are contested. A private investigator provides strong evidence to you.

Although child custody cases may vary, it is also an undeniable fact that documents that may constitute evidence can change the course of the case. This is where the significance of a private investigator plays a role in evidence collection for child custody cases. The private investigator should primarily correctly and carefully investigate the income, life (drinking habits, gambling, nightlife) or (wanton life, extramarital affair), domestic violence, social standing, habits, attitude and behaviors of the person holding the custody and provide the information to the requester.

Also, not only the person holding the custody but the lifestyle, room, family, building and school of the child under custody are also very important in child custody cases.

Even if the child custody case was concluded against you due to various reasons, you should be aware that you are entitled to refile a lawsuit for change of custody or removal of custody using new evidence that you may find through private investigators.

A private investigator you agree with can change a case to your advantage by finding a truth hidden by one of the parties through diligent work. You need to meet with a private investigator for this.

One evidence has the power to conclude a case in child custody cases. Regardless of the matter, there does not need to be a serious reason, if you consider that your spouse will not be able to take care of your child, you need to support this with evidence. For example, you may even state his or her arrival home late from work, as long as you have evidence.

Our child custody case service, which is one of the private investigation services we offer, turns a case to your advantage with the collection of many hard data to be reflected onto the case during the process under the management of our private investigators experienced on the matter.

Our private investigators pay special attention to ensure that no illegal evidence is collected with our service on evidence collection for custody cases and perform their job very seriously.

You may call or e-mail us at any time of the day for information or consultation about custody cases. As Fox Private Investigation we are ready to host you any time you wish and solve your problem.

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