*free legal question*
I am a British citizen who is married to a turkish man, we have been married for almost 6 months and I am considering a divorce based on the grounds that he is very violent and has, on many occasions hit me. We also have a son together who is almost 5 months old at the moment, he was born in Turkey and has dual citizenship (turkish ID card and a British passport). However, I me terrified my husband would take my son from me, and that is the reason I am still here. If I returned to the UK with my son, I would live with one of my parents, both of whom have their own house and my father is rather wealthy and I would be guaranteed a job there too. My husband and his family are rather poor but they will be in the near future giving their land to a contractor to build apartments. Based on the background information I have given you, could you please give me advice on how to divorce my husband and if we do get divorced who would get/ be most likely to get custody of our son? Also, advice on what to do that would put me in the best position to get custody of our son. Thank you in advance for any advice and information you can provide.
3 Answers from Attorneys
Dear Prospective Client,
You can divorce from your husband based on violence implementation towards you. According to Turkish Law it is very difficult to give child's custody who is under 5 years to father due to child's dependence on mother at that age. 95 percent the child will be with you. In case that you can prove with hospital report that you are hit by your husband, then possibility will be 100 percent due to aggresive character of your husband. for more details please review my article regarding divorce: http://www.cindemir.av.tr/howtodivorce.html
Firstly you are the party who have right to claim a suit for divorce however its also important to prove that your husband use violance over you. Its why, do you have any body (neighbours, friends, people around you) who can give testimonal about it? It does is not matter if they see it directly but hear your voices or see you bruises, or people you talk about your husband's violance. Or have you or somebody around you called the police regarding the violance of your husband??
When it comes to the custody of child, courts decides to give children custody of mother, if mother have ability to take care of the children. which means unless mother is alcholic, drug addict or living a life which can not be approved by community childern are given to the mother. However still father will have right to see his child, and if you want to live abroad this also decided by the court, how and in which conditions the father will see the child.
Regarding to the belongings, unless you have your belongings( real estate, car ect..) by the time of marriage you can not ask half of it. However if you have sufficient evidence that your husband show you violance the court grand you a compansanation.
My recommendation to you is to claim a suit about divorce without loosing time, because if you are in england, your husband could claim you left the house wthout anyreason and this makes it harder to get divorce later.
you can contact me directly if you need further legal assistance to [email protected]gmail.com
We are an international law Office corporated in İstanbul, working especially on Common Law and Divorcement Actions. We services to foreign citizens as you.
In this line, you and your child have rights according to the Turkish Common Law. You and your child is also Turkish citizens with the line your marriage with Turkish man and your child borned in Turkey.
You have big opportunity for parental right on your child because of your child age.
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