In divorce cases, the decision on custody is made based on an assessment centered not on the parents, but on the best interests of the child. The Turkish Civil Code does not set a rigid rule as to which parent custody should be awarded to; it grants the judge discretion based on the specific circumstances of the case.
The Best-Interests-of-the-Child Criterion
The court considers the following factors together when determining custody:
- The child's age and needs - The importance of maternal care, particularly for younger children.
- The parents' housing, economic, and social conditions - The capacity to offer the child a stable environment.
- The child's opinion - The opinion of a child of discernment (generally accepted as age 8 and above) may be heard in a manner appropriate to their age and maturity.
- A parent's willingness to cooperate with the other parent - Displaying an attitude that will allow the child to maintain a healthy relationship with the other parent.
- Social investigation report - Reports from a pedagogue/psychologist/social worker requested by the court form an important basis for the decision.
Is Joint Custody Possible?
Under Turkish law, while the union of marriage continues, custody already belongs jointly to both mother and father. After divorce, custody is, as a rule, awarded to one of the parties; however, Court of Cassation precedents are increasingly allowing for joint custody where the parties agree and it serves the child's interests.
Change of Custody
Although a custody decision has the nature of a final judgment, a case for changing custody may be filed if a significant change subsequently arises that adversely affects the child's interests (such as neglect by the custodial parent, a health issue, or remarriage impairing the child's interests) (TCC Art. 183).
Conclusion
A custody decision is made centered on the child's needs, not the parents' rights. The concrete evidence presented during the case (housing conditions, level of relationship with the child, school/health status) directly affects the direction of the decision.
You can review current precedents on custody cases with Lawyer Services' Research tool.