CUSTODY RIGHTS

CUSTODY

 Divorce is the termination of a marriage by court order when the marriage has become impossible to maintain, based on reasons specified in the law. Following a divorce, if there are children from the marriage, certain legal consequences will arise. These include custody and the establishment of a relationship with the child.

If the parents are married at the time of the child's birth, custody is established jointly and remains jointly held by both parents throughout the duration of the marriage. If the parties are not married at the time of the child's birth, custody passes to the mother along with the right of birth., custody passes to the surviving spouse. Custody is one of the legal consequences of a divorce. If the spouses do not agree on the custody of the joint child during the divorce process, the judge will decide who will have custody, prioritizing the child's best interests. However, regardless of the circumstances, custody rights belong exclusively to the parents. Custody rights are valid until the child reaches adulthood.

What happens to child custody after a divorce?

 As mentioned above, custody is one of the most important legal consequences of divorce. Sometimes, neither parent can give up their child, and sometimes the child cannot choose between the parents. When it comes to custody, if an agreement has not been reached, this situation becomes quite difficult for the parties.

In contested divorce cases, one of the most frequent points of disagreement is child custody. Since both parents desire custody, the judge makes the final decision., the judge prioritizes the child's best interests, primarily ensuring that the child will live more comfortably and healthily with their parent.

When making a custody decision, the judge may prioritize the child's age and preferences. For example, in divorce cases, custody of the baby is generally given to the mother due to the baby's need for maternal affection, but this is not a requirement. If the judge concludes that the baby should not live with the mother, custody may be given to the father.

Custody is another factor the judge considers when making a custody decision, particularly regarding the conditions under which the child will be cared for. A frequently asked question is whether the non-working parent can be granted custody. After conducting the necessary investigations, the judge may award custody to the non-working parent. Furthermore, the non-working parent may request child support payments to cover the child's care and expenses.