How Is Custody Decided in Turkey? The Child's Best Interests and the Factors Courts Consider

1. What is custody and what changes on divorce?

Custody (velayet) is the set of rights and duties concerning the care, upbringing, protection, legal representation and property of a minor child (Turkish Civil Code arts. 339–342, 352 [1]). A minor is under the custody of both parents, and custody cannot be taken away from them without a legal ground (art. 335 [1]).

The basic statutory rules are (arts. 336–337 [1]):

• During the marriage: both parents exercise custody jointly.
• If the spouses have stopped living together or a separation has been ordered: the judge may give custody to one spouse.
• On divorce: custody belongs to the parent to whom the child is entrusted.
• If the parents are not married: custody belongs to the mother; if the mother is a minor, under guardianship, deceased, or custody has been taken from her, the judge appoints a guardian or gives custody to the father, according to the child's interests.

Custody cases are heard by the family court; where there is no family court, a civil court of first instance designated by the Council of Judges and Prosecutors hears them (Law No. 4787 arts. 2 and 4 [3]). If there is a divorce case, custody is decided in the same proceedings.

Key terms:

• Personal contact (kişisel ilişki): the right of the non-custodial parent to see and spend time with the child regularly (often called visitation).
• Child support (iştirak nafakası): the payment by the non-custodial parent towards the child's care and education costs.
• Age of discernment (idrak çağı): the stage at which a child is mature enough to form views on matters affecting them. The law does not set a fixed age.
• Social investigation report (sosyal inceleme raporu): an expert report on the child and the parents prepared by a psychologist, educationalist or social worker appointed by the court.

2. How does the court decide on custody?

Custody is not treated as something the parents can freely settle between themselves. According to the Court of Cassation, custody arrangements concern public order; the court therefore investigates of its own motion, and the parties' agreement does not bind the judge (Yargıtay 2nd Civil Chamber, 2022/1691 E., 2022/3905 K. [4]). Developments that arise during the proceedings are also taken into account (Yargıtay 2nd Civil Chamber, 2025/9730 E., 2026/5995 K. [5]).

This also applies to uncontested divorce: the judge reviews the spouses' agreement with the children's interests in mind and may propose changes; if the changes are not accepted, an uncontested divorce cannot be granted (art. 166(3) [1]).

3. What does "the best interests of the child" mean?

The principle has several legal bases:

• Constitution: every child has the right to establish and maintain a personal and direct relationship with their mother and father unless this is clearly contrary to the child's best interests (Constitution art. 41 [6]).
• UN Convention on the Rights of the Child: in all actions concerning children, including those of courts, the best interests of the child are a primary consideration (Convention art. 3, Official Gazette 27.1.1995, No. 22184 [7]).
• Child Protection Law: safeguarding the child's interests and well-being is one of its basic principles (Law No. 5395 art. 4(1)(b) [8]).

The 2nd Civil Chamber of the Court of Cassation applies it as follows: in determining the child's best interests, the aim of ensuring the child's physical, mental, emotional, moral and social development is decisive. The parents' own interests, their fault in the divorce, their moral views and their social standing are, in the court's words, taken into account "to the extent that they do not affect the child's best interests"; in other words, they cannot override the child's best interests (Yargıtay 2nd Civil Chamber, 2025/6482 E., 2026/860 K. [2]).

4. The main factors the court considers

The law does not give a numbered list of criteria. The table below summarises the main factors that emerge from the statute and Court of Cassation decisions. Their weight varies from case to case.

Some notes on these factors:

• Actual arrangements and siblings: the Court of Cassation has required courts to take into account where the child actually lives and the principle that siblings should not be separated, and to obtain a fresh expert report covering both parents' homes (Yargıtay 2nd Civil Chamber, 2025/5620 E., 2026/3064 K. [9]).
• The child's age: in practice, a very young child's need for the mother's care may appear in court reasoning. This is not a rule written in the law; the court looks at the best interests in the specific case.
• Financial situation: a higher income is not listed in the law as a custody criterion. The law instead requires the non-custodial parent to contribute to the child's care and education costs according to their means (Civil Code art. 182 [1]). However, the Court of Cassation requires the expert examination to look at the parties' housing, income, social and psychological circumstances to see whether anything prevents a parent from taking on custody (Yargıtay 2nd Civil Chamber, 2025/5620 E., 2026/3064 K. [9]). Income alone is therefore not decisive, but it is examined as part of the living conditions.
• Allegations of violence: in one case the regional court of appeal had given custody to the father, relying partly on the children saying they did not want to live with their mother. The Court of Cassation overturned that decision and required the court to obtain the criminal investigation file concerning an abuse allegation against a relative who would in fact live with the children if the father had custody, to have the children's statements taken again through an expert, and to obtain a new report (Yargıtay 2nd Civil Chamber, 2025/9730 E., 2026/5995 K. [5]). In domestic violence cases, the judge may also decide on custody and contact under Law No. 6284 (Law No. 6284 art. 5 [10]).

5. How are the child's views heard, and how much do they count?

Under the UN Convention on the Rights of the Child, a child capable of forming their own views has the right to express them freely in all matters affecting them; those views are given due weight according to the child's age and maturity, and the child must be given the opportunity to be heard in judicial proceedings affecting them, directly or through a representative or appropriate body (Convention art. 12 [7]).

In Court of Cassation decisions this is applied as follows:

• A child at the age of discernment should be asked about their custody preference and informed of its possible consequences (Yargıtay 2nd Civil Chamber, 2025/6482 E., 2026/860 K. [2]).
• The child may be heard by the court itself or through another court by letter of request (Yargıtay 2nd Civil Chamber, 2022/1691 E., 2022/3905 K. [4]); the court may also require the child's statements to be taken through an expert (Yargıtay 2nd Civil Chamber, 2025/9730 E., 2026/5995 K. [5]).
• The child's view is important but not binding. If the child's best interests require it, the court may decide against the child's wishes (Yargıtay 2nd Civil Chamber, 2025/6482 E., 2026/860 K. [2]).

The law does not specify the age from which a child must be heard; the court considers the child's age and maturity.

6. What is the expert (social investigation) report?

Family courts use psychologists, educationalists and social workers assigned to courthouses; these experts investigate the matters the court asks about, report their findings and, where needed, give their opinion at the hearing (Law No. 4787 art. 5 [3]). Where custody is disputed, the Court of Cassation may overturn a decision for incomplete investigation if no expert examination was carried out (Yargıtay 2nd Civil Chamber, 2025/6482 E., 2026/860 K. [2]), and it requires the social investigation report to also assess the child's housing and living conditions with each parent (Yargıtay 2nd Civil Chamber, 2022/1691 E., 2022/3905 K. [4]).

The report is important evidence but does not bind the judge on its own: the judge assesses the expert's opinion freely together with the other evidence (Code of Civil Procedure art. 282 [11]). A party who considers the report incomplete or unclear may ask for it to be completed or clarified, or for a new expert to be appointed. Since the law sets a two-week period from service of the report for such requests against expert reports (Code of Civil Procedure art. 281 [11]), it is advisable to object within that period.

7. Is joint custody possible?

The Turkish Civil Code provides that after divorce custody belongs to "the party to whom the child is entrusted" and does not expressly regulate joint custody after divorce (art. 336(3) [1]).

In 2017, in a case brought by British parents seeking joint custody of their child born outside marriage, the 2nd Civil Chamber held that joint custody under the parents' national law is not clearly contrary to Turkish public order. The decision also refers to Article 5 of Protocol No. 7 to the European Convention on Human Rights, ratified by Turkey in 2016, which provides that spouses have equal rights and responsibilities in their relations with their children, including on dissolution of the marriage (Yargıtay 2nd Civil Chamber, 2016/15771 E., 2017/1737 K. [12]). That case concerned the application of foreign law; the legal basis for joint custody in divorces governed by Turkish law remains a matter of debate. In practice there are uncontested divorces in which joint custody has been ordered; in one file reviewed by the Court of Cassation, the children were under joint custody, lived with the mother in fact and had contact with the father (Yargıtay 2nd Civil Chamber, 2022/1902 E., 2022/2470 K. [13]).

Where one parent opposes joint custody, the position is more debated. As the law contains no express provision, legal writers take different views. Since joint custody requires the parents to make decisions about the child together, the level of communication and conflict between them is likely to be an important consideration.

8. Rights and duties of the non-custodial parent

• Personal contact: each parent is entitled to appropriate personal contact with a child who is not in their custody (Civil Code art. 323 [1]). Contact is arranged with the child's interests, particularly in health, education and moral development, as the basis (art. 182 [1]).
• Limits: contact may be refused or withdrawn if it endangers the child's well-being, if the parent does not take a serious interest in the child, or for other important reasons (art. 324(2) [1]).
• Duty of mutual respect: each parent must avoid harming the other parent's relationship with the child. If the custodial parent does not comply with the contact arrangement, custody may be changed provided this is not contrary to the child's interests, and the court warns the parties of this in its decision (arts. 182(2), 324(1) and 324(3) [1]).
• Support: the non-custodial parent contributes to the child's care and education costs according to their means (art. 182 [1]).

9. Can a custody decision be changed later?

Yes. Circumstances can change after the decision becomes final. Where new facts, such as a parent remarrying, moving elsewhere or dying, make it necessary, the judge takes the required measures of their own motion or at the request of either parent (Civil Code art. 183 [1]). Remarriage of the custodial parent does not in itself require custody to be removed, but the custodial parent may be changed if the child's interests require it (art. 349 [1]). Removal of custody may also arise where a parent cannot properly perform their custodial duties or seriously neglects their obligations towards the child, if other child-protection measures have failed or are clearly going to be insufficient (art. 348 [1]).

10. Hypothetical example

This example is entirely hypothetical. A and B are divorcing; they have two children, C aged 12 and D aged 5. The children have lived with their mother throughout the case. The father asks for custody of C. The court hears C, who says that his school is near his father's home and that he wants to live with his father. The court also orders an expert report examining both homes, the children's school arrangements and the relationship between the siblings. The judge weighs C's view, the principle of keeping siblings together, the children's current living arrangements and the report. The outcome depends on what this evidence shows about which arrangement serves both children's interests; C's wish alone is not decisive.

11. Frequently asked questions

Who does the child live with while the divorce case is pending?

When a divorce case is filed, the judge takes the necessary interim measures for the duration of the case of their own motion, including measures for the care and protection of the children (Civil Code art. 169 [1]). Where the child lives during the case and how they see the other parent may be arranged on an interim basis in this way. An interim arrangement does not by itself indicate what the final custody decision will be.

Can grandparents ask to see their grandchild?

In exceptional circumstances, and where it is in the child's interests, the right to personal contact may also be granted to persons other than the parents, especially relatives (Civil Code art. 325 [1]). This is not an automatic right; it depends on the court's assessment.

What happens if the custodial parent obstructs court-ordered contact?

Decisions on handing over a child and on personal contact are enforced by the Ministry of Justice's judicial support and victim services directorates (Law No. 5395 art. 41/A [8]). A person who disobeys a handover order issued for personal contact may, on a complaint filed within one month, be subject to disciplinary detention of three to ten days (Law No. 5395 art. 41/F). Persistent obstruction of contact may also be considered in a request to change custody (Civil Code art. 324(3)).

When does custody end?

Custody applies to minors. Majority begins on reaching the age of 18, and marriage also confers majority (Civil Code art. 11 [1]). Unless the judge considers it necessary to appoint a guardian, adult children placed under guardianship restrictions remain under their parents' custody (art. 335(2)). The duty of maintenance is regulated separately: if the child is still in education after reaching majority, the parents' duty of maintenance may continue under certain conditions (art. 328 [1]).