This is a strange letter. I am not sure who sent this letter; there are several possibilities. a) A friend of the mother; b) The mother pretending to be someone else for some reason; c) The father pretending to be on the mother's side and wanting to see the responses from a different perspective; d) A friend of the father who wants to help the father. It does not matter who sent the letter. However, I am frustrated to be receiving questions possibly pertaining to the same case in the same week without any idea as to the identity of the sender. As a tradition, I respond to all questions (to the best of my abilities and the interest of readers in the matter), and I will answer these questions without focusing on who sent it. At the end of the day, there will be only one response anyway.
The second letter reads as follows: “Dear Mr. Berk Çektir, I read your article today about the ‘A fatherhood case.' A very close person to me is facing the same problem, a woman that was married illegally to a Turkish man and she gave birth to a child in Turkey; after that he left and ran away to work in another country. Now the child will not be able leave Turkey with his mother without his father's permission. From your article I understood that she can file a lawsuit in Turkey and establish paternity. And the father will have to attend the court hearing and [provide] DNA samples. So I have few questions:
“1. How the father will attend the court hearing [if] he is not in Turkey?”
If the father is not in Turkey, then it would be really difficult to get his DNA samples unless he is willing to provide them to prove that the child is not biologically his. The father is not required to attend the hearings, but his DNA sample is required. In some cases, the father has already passed away and relatives attend the paternity case. The court will ask for the attendance of the father and will also seek witness statements (I never understood why the court needs witness statements and on what issue they will give their statements). The court will also notify government authorities and the prosecutor's office.
“2. What if the court ordered him to attend and he did not do so?”
The court will rule for the alleged father's detainment or the prosecutor's office will issue an order to bring the father before the court. He can run, but he cannot hide.
“3. How long does it take for such cases?”
Paternity cases take a long time to be completed. First it takes a long time to get the results of the DNA test from the forensic science lab. The court case will take roughly two years. Considering that the father ran away and there will be difficulties notifying the father, the case may last even longer.
“4. Can the father take away the child from his mother who is not a wife in the Turkish point of view?”
No, the father is not considered the father. Am I wrong? Aren't we talking about a man who does not accept the child and who ran away? How is he supposed to win custody of the child? The mother will register the child at the birth registry office with her passport.
Considering the answers above, I believe that a legal custodian should immediately be appointed to represent the child before authorities until this matter is resolved.
The statute of limitations is one year for the mother to begin a lawsuit against the father. If this period is already over, then a different procedure should be followed in order to start a paternity case.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender. DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
