All families in Turkey are registered with the local Vital Statistics and every change that may appear in the structure of a family is required to be mentioned to the Turkish authorities. After a woman and a man get married in Turkey, they must notify the Vital Statistics, and if they want to divorce later they need a Turkish court decision. If the spouses divorce in other country and they obtain a court decision there, the divorce won’t be recognized in Turkey.
The divorce procedures can be started by a Turkish attorney who has the power of attorney given by one of the spouses, in front of a public notary. The spouses may choose if the trial is open for the public or it will take place with the doors closed. The Turkish judge may offer a period of three years for the reconciliation of the two spouses. After this period, if the two spouses continue to ask for the divorce, the judge will give them a court decision in this regard.
The family regulations in Turkey include the rules regarding children, especially when their parents decide to divorce. The rules related to custody are to be found in the Civil Code Law No. 4721 that stipulates that the mother and the father have the custody rights since the birth of a child until he/she is 18 years old.
If they divorce, the custody is given to one of them, if the child was born during the marriage, and to the mother if she gave birth outside a conjugal union. The both parents are the legal representatives of the child until he is 18 years old; after this age, he will represent himself and his/her parents aren’t allowed anymore to act on his/her behalf.
During the years when the child is minor, his/her parents are required to take care of him/her, educate and ensure the means of living. The children must respect their parents and their will and they are not allowed to leave their house without parents’ consent.
When it comes to a divorce and the judge must decide what parent takes the custody of the child, there are a few factors that will influence de decision. The major factor is the possibility of a parent to offer the child a better life, better education and living. The judges usually offer the custody to the mothers because they are considered more appropriate to take care of young children. The father can take the custody if the mother is not able to ensure a proper education and living for the child.
Our law firm in Turkey may offer you details about the Family Law in Turkey and the rights of the members of a family. If you need to divorce or get married, you may contact one of our Turkish attorneys who will handle the legal procedures.