Reasons for termination arising from the law;
a-) If the child has become a minor at the age of eighteen or by marriage and either at his own request, parental approval, court decision, if he has reached the age of fifteen, custody will end. However, if the adult is restricted and there is no need to appoint a guardian, custody continues until the restricted state disappears. Custody also ends when the state of restraint disappears.
b-) If the child is given to a third person as an adopted child, the rights and obligations arising from custody pass to the adopter.
c-) If the death or incapacity of the parents or the child is decided, the custody is terminated. However, if only one of the parents has died, the right of custody will be found in the surviving spouse. In case of death of both, the child is assigned a guardian.
Termination of custody by a court decision;
The judge removes custody on his own or on request, if necessary. A prerequisite for the judge to decide on the abolition of custody is that there will be no results in other measures related to the protection of the child, or it will be understood that these measures will be insufficient. If the child is to be protected by other measures, custody should not be removed.
1-Inability to fulfill the guardianship duty as required; refers to the inability of the parents to fulfill the custody duty as required due to inexperience, illness, being located elsewhere, or similar reasons. The fact that the parents are poor does not require the abolition of custody, but laziness can rightly cause them to acquire habits. The reasons listed are the reasons that persist for a certain period of time and prevent the necessary performance of the task. Other measures are also taken to eliminate this inexperience of the parents before the custody is abolished due to the inexperience of the parents. Court of Cassation 2. HD 7.9.in the imprint No. 7102-8157 of 1999; “The right of custody cannot be abolished unless it is proved that the mother who has been granted the right of custody is incapable and does not fulfill the duty. it has the form “. The parents’ illness may not be based on their fault. This disease must be severe enough to prevent him from fulfilling his custody duty. The occurrence of conditions such as mental illness is the best example of this. In addition, a limited number of reasons are not indicated in the law, and the issue of what such a reason is is appreciated by the judge. In case of restriction of the parents, the right of custody may also be abolished.
b-) If the parents do not show sufficient attention to the child, do not have a valid excuse for this neglect, and this situation is permanent, the right to custody may be removed. Here it is necessary that the parents are at fault, and the child will suffer from this situation. The Supreme Court of Cassation 2HD In its Decision No. 4405-4618 dated 21.03.1994; It should be determined that the children left to the father are actually left to the grandmother and it should be decided to change custody.
c-) In case of gross violation of the obligations of the parents to the child, the right of custody must be severely violated and exorbitant negligence must be committed in order for custody to be abolished.
d-) In case of remarriage of the parent or father who has the Right of custody, the custody of the child may be removed for the remarried parent by acting in the best interests of the child. If the parent does not fulfill the requirements of the custody duty properly after marriage or if the child’s interests require the case to be filed, the Family Judge may change the child’s right to custody according to the circumstances and circumstances of the situation.
e-) Custody authority cannot be used if the parents have been sentenced to imprisonment.
The Case of Changing Custody
Court decisions on custody do not constitute final judgments. Custody can be changed according to circumstances that vary. This change is carried out only by the decision of the judge.
15.04.1992 days and 1992/2-140 E of the General Assembly of the Supreme Court of Law. In the imprint No. 1992/248 K; In order for custody to be changed by divorce, there must be fundamental changes in the case of the party or child who has been granted custody, and these changes must be permanent, not temporary. Article 12 of the United Nations Convention on the Rights of the Child. the European Convention on the exercise of children’s rights held in and 3. and 6.in accordance with the provisions of the articles, if the child is able to understand the meaning and importance of the situation in question, the child’s opinion should also be taken. In addition, if one of the reasons for the removal of the above-mentioned custody occurs in the spouse to whom custody has been granted, it should be decided to change custody with the benefit of the child. For example, it is possible to change custody if the party to whom custody is left suffers from constant and severe illness.
Court of Cassation 2. HD E:2013/4764 K:2013/25031 and in the case law of the decision of 4.11.2013; The fact that the mother or father who assumed custody remarried was not considered sufficient for the change of custody alone. Custody can be changed if it is in the best interests of the child. For this, he must provide evidence that it will be in the best interests of the child who filed a custody change lawsuit.
On the other hand, no time has been stipulated for the filing of a case for changing custody. The child’s interest can be opened as soon as the job requires the opening of this case. This case can be filed not only by the individual who does not have custody, but also by the individual who has custody of the child.
