How Is Child Custody Determined in a Turkish Divorce? The Best Interests of the Child

Custody is the bundle of rights and duties granted to a parent regarding the care, education, legal representation, and management of the property of a minor child; following a divorce, the court determines which parent is granted this right.

The Best Interests of the Child Principle

Under Article 336 et seq. of Turkish Civil Code No. 4721, a custody decision is based solely on the best interests of the child, not the parents' wishes. The court assesses which parent can better provide the social, economic, and cultural conditions needed for the child's healthy physical, mental, and moral development.

Criteria the Court Considers

The court considers the child's age and developmental stage, keeping siblings together, the parents' housing and economic circumstances, their work schedules, their emotional bond with the child, and, where the child is mature enough to form a view, the child's own opinion. This assessment is generally supported by a social investigation report prepared by a panel of experts including a psychologist, pedagogue, and social worker.

Joint Custody in Practice

Under Turkish law, custody is generally granted to a single parent; however, Court of Cassation case law shows that joint custody may also be applied in uncontested divorces where the parties agree and it serves the child's interest.

The Custody Modification Action

A custody decision is not final and unchangeable. When a significant change occurs affecting the child's interests (such as a deterioration in the custodial parent's health, neglectful conduct, or relocation), the other parent may file a custody modification action before the family court.

Rights of the Non-Custodial Parent

The parent who is not granted custody has the right to personal contact with the child; the court sets out the day, time, and duration of this contact in concrete terms. Obstructing this contact may be assessed against the custodial parent as an adverse factor in a subsequent custody modification action.

Practical Recommendations

To support your custody request, gather concrete documents on the child's daily care (school and health records) and evidence of your housing and economic circumstances; cooperating with the experts during the social investigation process contributes to a sound decision.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.