Paylaş: Introduction
Custody Rights and Child Support
Custody Decisions:
- Turkish law prioritizes the best interests of the child when determining custody. The court generally awards custody to the parent who can provide the most stable and supportive environment. In some cases, joint custody may be considered, but it is less common in Turkish family law.
Rights of Foreign Nationals:
- Foreign nationals have the same rights as Turkish citizens when seeking custody of their children. However, the court may consider factors like the foreign parent’s ability to remain in Turkey, their financial stability, and the child’s best interests when making custody decisions.
Child Support:
- The non-custodial parent, whether Turkish or foreign, is typically required to pay child support. The amount is determined based on the child’s needs and the financial capacity of the non-custodial parent.
Alimony and Property Division
Spousal Support (Alimony):
- In some divorce cases, the court may order one spouse to pay alimony to the other. Alimony is typically awarded to the spouse who cannot maintain the same standard of living post-divorce. The amount and duration depend on the financial situation of both parties and the length of the marriage.
Division of Property:
- Turkey follows the principle of equitable distribution, where assets acquired during the marriage are divided equally between the spouses. However, property owned before the marriage or inherited property typically remains with the original owner.
Recent Developments in 2024
Faster Divorce Proceedings:
- In 2024, Turkey introduced measures to speed up uncontested divorce proceedings, allowing couples who agree on all terms to finalize their divorces in a shorter timeframe.
Joint Custody Initiatives:
- Although joint custody is less common in Turkish law, there is growing interest in considering joint custody arrangements, particularly in cases involving international couples.
Conclusion
Divorce and custody proceedings in Turkey for foreign nationals are governed by the Turkish Civil Code, with provisions that ensure fair treatment of both Turkish citizens and foreigners. Understanding the legal grounds for divorce, the applicable laws, and the rights of parents in custody cases is essential for those navigating the Turkish legal system.
