Who Gets Child Custody in Divorce Due to Infidelity in Turkish Law?
In divorce cases due to infidelity, one of the most important issues is who will be granted custody of the child. The determining factor in custody decisions is the best interest of the child. This principle, recognized in both national and international law, aims to ensure the best physical, mental and moral development of the child.
Is Custody Given to the Cheating Spouse?
The question of whether the cheating spouse will get custody is evaluated within the framework of the child’s best interest. In other words, the act of cheating alone is not decisive in custody decisions. For example, even if the court decides to grant custody to the father due to the mother’s infidelity, if it is determined that the child wants to live with the mother and that the mother has the social and economic conditions to fulfill her custody duties, this decision may be overturned by the Supreme Court.
The Supreme Court’s Approach in Custody Decisions
The Supreme Court prioritizes the best interest of the child in custody decisions. If the spouses’ faulty behaviors that led to divorce, such as infidelity, negatively affect the child’s physical or moral development, custody may be given to the other spouse. However, if the act of infidelity does not have a direct negative impact on the child, custody is not changed solely for this reason.
Especially for children under 12 years old, the Supreme Court generally considers it appropriate for them to stay with the mother. However, in cases where the mother leads an immoral life or does not show enough interest in the child, custody may be given to the father.
In Conclusion
When making custody decisions in divorces due to infidelity, the most important criterion is the best interest of the child. The act of infidelity alone is not sufficient for a change in custody; what matters is which parent the child will have a better life with. For this reason, custody decisions are evaluated on a case-by-case basis, considering the needs and best interests of the child.
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Who Gets Child Custody in Divorce Due to Infidelity in Turkish Law?
