Av. Orhun Türkoğlu

Custody rights can only belong to the mother and father, or one of them. This right, which brings with it certain authorities and responsibilities regarding the child, cannot be taken away from the mother or father without a legal reason. One of the legal reasons that terminates custody rights is the allocation of custody rights to one of the spouses as a result of a divorce case. Thus, custody rights cease to exist for the other spouse. In other words, one of the legal consequences of the divorce decision rendered by the family court is the regulation of custody rights over the joint children, which is one of the most important and emphasized aspects of the divorce case. The court that renders the divorce decision for the spouses also establishes provisions regulating the custody rights that the spouses jointly possessed during the marriage, taking into account various factors such as the child’s age, developmental characteristics, and the social and economic conditions of the parents, and decides to whom custody rights will be granted as a result of the divorce. The principles of the personal relationship that the party losing custody rights will establish with the joint child as a result of the divorce are also specified in the divorce decision. The court may also decide on alimony payments for the care and education expenses of the child by the party losing custody rights.

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