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Custody Case, Joint Custody and Change of Custody (2026) TMK art. 182, 183 and 335 ff. Determination of Custody within the Framework, Joint Custody Application and Rearrangement of Custody in Changing Conditions have been updated as of 2026
With the divorce decision, it is determined which parent the child will stay with; This decision does not constitute a final judgment and may be reconsidered when circumstances change. The judge considers the best interests of the child rather than the demands of the parties. The social investigation report, listening to the child over a certain age and the care capacity of the parents are the determining factors of the decision. The Supreme Court also allows joint custody in cases where the parties agree and it is not contrary to the best interests of the child.
Custody is the whole of the rights and obligations regarding the care, education, representation and management of the assets of the minor child. According to Article 335 of the Turkish Civil Code (TMK), a minor is under the custody of his/her parents; Custody cannot be taken from the parents unless there is a legal reason. As long as the marriage continues, the parents have joint custody. In case of divorce or separation, the judge must decide on the child's situation and relationship with the parents (TMK article 182).
Custody is not a privilege recognized in favor of the parent, but a duty that serves to protect the child. For this reason, courts prioritize the physical, mental, moral and social development of the child rather than the personal wishes of the parent. The principle of "best interest of the child" in Article 3 of the UN Convention on the Rights of the Child, to which Türkiye is a party, is also applied as the determining criterion in domestic law.
2. To whom does the court give custody?
There is no rule in the law that gives priority to the mother or father. In practice, it is accepted that for young children who have a high need for care and affection, staying with their mother is more suitable for the child's development. This acceptance is not absolute: custody may be given to the father in cases where the mother neglects the care of the child, is in a living arrangement that harms the child, or alienates the child from the other parent.
The time, working order and housing conditions that parents can actually devote to the child,
Preserving the child's existing school, environment and sibling ties (principle of not separating siblings),
The parent's tendency to support or hinder the bond between the other parent and the child
Opinion and desire clearly expressed by a child of cognitive age.
Hearing the child The 2nd Civil Chamber of the Supreme Court of Appeals considers it procedurally mandatory to obtain the opinion of the child at the age of understanding regarding custody. In practice, children around the age of 8 are generally listened to, and the listening is done under the supervision of a pedagogue or psychologist. The child's opinion is important; but it does not bind the judge. If the child's choice is clearly contrary to his or her own interests or if it appears to be a result of guidance, a different decision may be made.
Experts within the family court (psychologist, pedagogue, social worker) examine the homes and living arrangements of both parties and prepare a report. Although the report is not binding on the judge, it is the most frequently used evidence in reasoned decisions. If it is thought that there is a material error or one-sided evaluation in the report, an objection should be made within the time limit and, if necessary, an additional report or a report from a different expert should be requested.
The TMK does not clearly regulate joint custody after divorce. On the other hand, based on the principle of equality between spouses and the principle of the best interest of the child in Article 5 of Protocol No. 7 to the European Convention on Human Rights, which has been ratified by Türkiye, the Supreme Court considers it possible to award joint custody in cases requested by the parties together and not contrary to the best interests of the child. The practice is becoming especially common in consensual divorces.
In shared custody, the child actually lives with one of the parents; Basic decisions such as school selection, health interventions, going abroad and religious education are made together. If there is serious conflict, violence or miscommunication between the parents, the courts do not favor joint custody; because a system that requires constant compromise may place the child at the center of the conflict.
Legal basis TMK m. 182, 336 Supreme Court jurisprudence, Additional Protocol No. 7, art. 5
Other parent's location Right to personal relationship and child support obligation Equal participation in the decision-making process, child support obligation may continue
Suitable situation conflictual separations Parents who can compromise and have healthy communication
The custody arrangement in the divorce decision was established according to the conditions at the time the decision was made. TMK m. Pursuant to Article 183, if the situation changes, the judge takes the necessary measures upon the request of one of the parents or ex officio. Therefore, it is not necessary to wait a certain period of time to change custody; What is important is that the conditions on which the decision was based have fundamentally changed. Main situations that justify changing custody
The custody holder neglects the child, disrupts his education or does not meet his health needs,
Remarriage of the custody holder and the negative impact of the new family order on the child (remarriage alone is not enough),
Leaving the child in the care of others (for example, grandparents) by the custody holder,
The insistent and appropriate request of the child of cognitive age to live with the other parent,
The custodial owner enters into a life pattern that includes addiction, crime or violence.
The case is filed in the family court in the child's place of residence. The plaintiff must demonstrate the changing circumstances with concrete facts and evidence: school attendance records, medical reports, witness statements, legal support directorate minutes and correspondence are frequently used evidence in this context. The court conducts a social examination again and listens to the child at the age of understanding.
Unlike changing custody, revoking custody is the complete removal of the parent's right to custody. The judge may revoke custody if the mother and father cannot fulfill their duties properly due to inexperience, illness, being somewhere else or similar reasons, or do not show sufficient attention to the child, or seriously neglect their obligations towards the child. If removed from both parents, the child will be appointed a guardian. Since this is a severe measure, it is used in cases where lighter protection measures (TMK articles 346, 347) are insufficient.
With the divorce decision, custody of the 6-year-old child was left to the mother. Two years later, the mother started working abroad and the child actually started to stay with his grandmother. The father filed a lawsuit to change custody, claiming that the child's school performance had decreased and his absenteeism had increased.
The fact that the custody holder does not take care of the child personally and leaves it to a third person is considered a serious reason for changing custody in the Supreme Court practice. If the school records and social investigation report reveal the father's care capacity and the 8-year-old child expresses his desire to stay with his father when heard, there is a strong possibility that the court will grant custody to the father. The mother's right to personal contact is rearranged taking into account holiday periods abroad.
Can the parent who is not given custody see the child?
Yes. The parent who is not given custody has the right to establish a personal relationship with the child (TMK article 323). Meeting dates are determined in the divorce decision; In case of violation, you can apply to the legal support and victim services directorate.
How long does a custody case take?
The preparation time of the social investigation report is decisive. In family courts in metropolitan cities, first instance trials usually take between 8 and 14 months; Appeal and appeal stages are added to this period.
Can the parent with custody move to another city or country with the child?
Moving within the country is, as a rule, at the discretion of the custody holder; However, it may be requested to change the regulation if it makes personal relationship practically impossible. Permanent relocation abroad requires the consent of the other parent or court permission, especially in cases of shared custody; Otherwise, the extradition process may be brought to the agenda within the scope of the Hague Child Abduction Convention.
Is a lawyer mandatory in a custody case?
No, but professional support provides a distinct advantage as the proper execution of the stages of objecting to the social investigation report, presenting evidence and hearing the child directly affects the outcome.
Directing the child against the other parent; Experts detect this in a short time and the decision ends against the directing party.
Not objecting to the social investigation report in due time.
Basing the custody request solely on financial means; The court is based on caring capacity and emotional bond.
Failure to comply with a personal relationship decision; This attitude may be a reason for changing custody in the future.
Filing a lawsuit to change custody without documenting the changed circumstances.
Custody disputes require accurate reading of psychological and social dynamics as well as legal knowledge. Demonstrating the child's best interests with concrete evidence and closely following the social review process determines the direction of the case. Küheylan Law Firm meticulously protects the rights of its clients at every stage of the process by framing the file around the best interests of the child in custody, joint custody and change of custody cases.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Since each dispute involves unique facts, the file must be evaluated separately by a lawyer in order to avoid loss of rights in a concrete case. The legislation and case law information contained in the text is up to date as of the date of publication; subsequent changes may affect the result.
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