circumstances of depriving the mother of custody

circumstances of depriving the mother of custody : As you know, children need physical and emotional care and support. For this reason, in order to protect children and their interest, the legislator establishes rules regarding custody of children before divorce, custody of children after divorce, and custody of children after the death of parents. Usually, following the divorce of parents or the death of one of them, the issue of custody of children becomes an important issue. In this article, we want to address one of the most important issues in this discussion, that is, depriving the mother of custody. Stay with us.

Sometimes, the parent who has the custody of the child does not have the necessary and appropriate conditions. In other words, living with him is traumatic for the child. In these cases, the legislator foresees the legal institution of deprivation of custody. This legal entity has its own rules.

What you will read in the rest of this article is hidden
custody of the mother
Deprivation of custody from the mother
Conditions of depriving the mother of custody

custody of the mother

It is necessary to know that in the custody of children, regardless of their gender, until the age of 7, the mother has priority. After that, the mother still has visitation rights. In some cases, due to the lack of competence of the mother, a lawsuit is filed to deprive the mother of custody to get the child back. We will examine the conditions of this deprivation of custody in the following.

Article 1169 of the Civil Code specifically states: For the custody of a child whose parents live apart from each other, the mother has priority until the age of seven, and after that, it is with the father.

According to this article, since the word priority is used at the beginning of the article, it can be said that if the mother is not competent or if there are conditions to deprive her of the custody of the child and take the child back, despite the fact that the following children They are 7 years old, leave the custody to the father or other relatives of the child.

Deprivation of custody from the mother

In Article 1170 of the Civil Code, duties are determined regarding the deprivation of custody from the mother. According to this article, if the mother suffers from insanity or insanity during the period of her custody, or marries another person, her custody will be revoked. Here we want to mention one of the most important points. The point is to note that the deprivation of custody does not lead to the deprivation of visitation. Under any circumstances, the mother has the right to visit her child at times specified by the court, which is usually one day a week.

According to the text of the law, we said that if the child gets married while the custody of the child is with the mother, the custody will be revoked. If the father is in a special situation, the custody may still remain with the mother. In these cases, the opinion of the judge of the case should be cited.

Conditions of depriving the mother of custody

In the previous episodes, we talked about the custody of the mother. We examined the deprivation of custody from the mother and said that giving priority to the mother for the custody of the child until the age of seven is due to the necessity of observing the best interest of the child. Also, we mentioned that if the mother is incompetent and there are conditions for deprivation of custody, it is possible to take back the children. In this case, the custody of the children is given to the father or someone else.

In this part, as a final word, we intend to examine the circumstances of depriving the mother of custody. These conditions are included in Articles 1170, 1173 of the Civil Law and 41 of the Family Protection Law and are as follows:

Insanity: One of the conditions for depriving custody is that the mother loses her mental faculties. In other words, become insane.
Remarriage: Another case is that the mother marries another person after separation and divorce.
Failure to take care of the child: It means that the mother does not take care of the child properly. As a result, the physical and mental health of the child is endangered. This can be one of the cases and conditions of depriving him of custody.
Moral degeneration: It means that the mother is involved in immoral issues. This can be one of the cases of his incompetence to take care of his child.

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