Family Law in Turkey
All families in Turkey are registered at the population register. After each change in the structure of a family it is required to be mentioned that to the Turkish authorities.
After getting married in Turkey, you have to notify the population register. In case of a divorce you will nedd a Turkish court decision to notify it at the population register.
If the spouses divorce in other country and they obtain a court decision there, the divorce won’t be recognized in Turkey. You have to start a recognition procedure of foreign divorce cases.
In case of that the divorce procedures has been started in Turkey. You have to give a power of proxy to a Turkish attorney.
You might to choose for a open trial which is 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 spouses. After this period, if the spouses continue to ask for the divorce, the judge will give a court decision.
The family regulations in Turkey include the rules regarding children, especially when their parents decide to divorce. The rules related to custody could be found in the Civil Code Law No. 4721 that stipulates that the mother and the father have the custody rights until he/she is 18 years old.
If they divorce, the custody is given to one of them. The parents are the legal representatives of a child until he/she 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 the 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.