TMK Article 183 regulates that custody can be changed in case the party exercising the right of custody neglects his/her duty, grossly abuses it, or in case of a fundamental change (remarriage, moving).
Reasons for Change
- Health problem / lack of care of the custody holder
- New marriage and unsuitable environment for the child
- Changing city/country
- Physical/psychological harm to the child. violence
- The desire of the child (in the age of perception)
Supreme Court 2nd HD Approach
The Supreme Court 2nd HD seeks the narrow interpretation of the concept of "substantial change" in cases of change of custody and the demonstration with concrete evidence that the change is for the benefit of the child.
Family law lawyer support is recommended.