WHO IS GRANTED CUSTODY OF THE CHILDREN IN A DIVORCE CASE?
WHO IS GRANTED CHILD CUSTODY IN A DIVORCE CASE
In this article, we will endeavor to provide our valued readers with information regarding the custody of joint children in divorce cases.
The right of custody over children is exercised jointly by the mother and the father. In the event of the death of either the mother or the father, custody belongs to the surviving parent. In the case of divorce, the right of custody is granted by a court decision to the parent to whom the joint child is entrusted.
When the court decides on the custody of a joint child, the child's gender is of no importance. The most important consideration when granting custody is the age of the joint child. Which parent is granted custody varies according to the age of the joint child. In addition to this, factors such as financial means, personal characteristics, state of health, and the child's preference are also taken into account in granting custody.
It is accepted by courts that children in the 0-3 age group are inevitably in need of a mother's care and affection. Therefore, the custody of children in this age group is mostly left to the mother. When making a custody decision, the mother's job, the amount she earns, her home, and her lifestyle are also matters that must be carefully examined.
Although children in the 3-7 age group are considered by courts to be less in need of a mother's care and affection than children in the 0-3 age group, this point is still not ignored. For this reason, granting custody of children in this age group to the father is considered an exception. For instance, in cases where the mother is incapable of taking care of the child, the mother’s health is poor, or the mother causes harm to the child's health, custody is granted to the father.
For children in the 6-12 age group, financial means play a greater role in the determination of custody by the courts. Custody is granted to the parent who will provide the child with a better education and future. Furthermore, the judge consults the child's opinion by listening to the child through an expert pedagogue.
Children over the age of 12 are considered by the courts to be in a position to express their own wishes comfortably. For this reason, the judge will ask the child which parent they wish to stay with and, unless it is against the child's best interests, will decide on custody according to the child's wish.
In uncontested divorces, the agreement of the parties regarding custody is considered valid with the judge's permission. Since custody relates to public policy, the judge will decide to whom custody is granted according to the best interests of the child.
The essential principle in granting custody is that the parent who will hold the right of custody will not neglect the care and supervision of the child. For example, although one spouse violating the obligation of loyalty by cheating is important for a divorce case, it will not have a direct effect on the decision regarding the right of custody.
After a custody decision is made, a request for custody can be made again because circumstances have changed or the child has grown older. Likewise, if the parent who was granted custody is not or cannot care for the child as required, or if there are other negative circumstances concerning them that would affect custody, a new lawsuit for the modification or termination of custody can be filed to request custody.
Attorney Gizem GONCE & Trainee Attorney İlayda KORUDAĞ