Who Is Granted Custody in Divorce Proceedings?

Under the Turkish Civil Code, one of the most carefully considered issues during divorce proceedings is the custody of the child. Custody rights are granted exclusively to either the mother or the father; they cannot be determined solely by the mutual will of the spouses. The final decision rests with the court.

On What Criteria Does the Court Base Its Custody Decision?

The court’s primary criterion is the “best interests of the child.” In this context, the court evaluates:

• The age of the child,

• The economic and social circumstances of the parents,

• Each parent’s capacity to meet the child’s needs for care, education, and development,

• The lifestyles of the parties and the nature of their relationship with the child,

• The psychological and emotional condition of the child.

It is generally accepted that younger children require the care of their mothers more intensively. However, this factor alone does not constitute a definitive basis for awarding custody.

Is Custody the Right of the Mother or the Father?

Under Turkish law, custody rights are not inherently vested in either the mother or the father. In each individual case, the court conducts a separate assessment of both parties and determines with whom the child is more likely to experience a healthy upbringing.

For instance, if the mother is unable to assume responsibility for the child’s care or maintains a lifestyle harmful to the child, custody may be granted to the father. Conversely, if the father is found to be incapable of adequately meeting the child’s needs, custody may be awarded to the mother.

Is Joint Custody Possible?

In Turkish law, joint custody following divorce is considered an exceptional arrangement. However, according to the jurisprudence of the Court of Cassation (Yargıtay), if the parties reach an agreement and it is clearly established that joint custody serves the child’s best interests, the court may rule in favor of joint custody.

In divorce proceedings, custody is evaluated by the court independently of the parents’ demands and is determined solely on the basis of the child’s best interests. The decision rests upon which parent can provide an environment more suitable for the child’s physical, emotional, and social development.

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