Modifications of Custody Rights

Abstract

Custody is regulated in Turkish Civil Code (TMK) art. between 335-351. Custody is a right and obligation that expresses the legal representation of the child by the parents. As a rule, the right of custody of the child belongs to the mother and father; If the child is adopted, it belongs to the adopter. It differs according to various situations such as who has the right of custody, whether the parents are married to each other, whether they are alive or dead, and their divorce. It may change if certain circumstances occur during the custody period. What these situations are edited in TMK art. 183. When one of the situations in the article occurs, the judge may change the custody of the child spontaneously or at the request of one of the parties. Reasons such as the marriage of the mother or father to someone else, changing the city, death or illness may bring the change of custody to the agenda. Removal of custody, on the other hand, is the removal of custody from the mother and/or father as the most severe precaution taken in case the previous measures for the protection of the child do not work, unlike changing the custody. Only the realization of one of the reasons specified in the law does not result in a change or removal of custody of the child. In each concrete case, the judge must evaluate and decide how best to ensure the best interests of the child. The rule that is essential in both abolishing or changing custody is the best interests of the child. Because although custody is regulated as a right, it is actually an obligation. The primary duty of parents is to look after the best interests of the child. This is also a universal right of the child, protected by the Constitution and international agreements.