How Is Child Custody Determined in Turkey? Joint Custody and the Best Interests of the Child — 2026 Guide

The most sensitive and emotional issue in any divorce is, without question, child custody.

“Is custody automatically given to the mother?”, “Is joint custody possible in Turkey?”, “Does my child's opinion get taken into account?” — these are the questions people most want answered about the custody process.

In this guide, we take a detailed look at how custody is determined, the criteria involved, and the evolving approach to joint custody as of 2026.

What Is Custody?

Custody (velayet) is the full set of rights and obligations granted to parents regarding the care, education, representation, and management of the property of a minor child.

What Is the Single Deciding Criterion for Custody?

Under Turkish law, the sole and paramount criterion in a custody decision is the best interests of the child.

The gender of the mother or father is not, on its own, a decisive factor; the court seeks the arrangement most suitable for the child in each specific case.

What Factors Are Considered in a Custody Decision?

The court weighs many factors together, including the child's age, their familiar environment and school, their educational circumstances, their health, the parents' housing and economic circumstances, the time they can devote to the child, and the emotional bond each parent has with the child.

Is Custody of Young Children Automatically Given to the Mother?

Not as an absolute rule, though in practice, the mother's care may be prioritized, particularly for very young children.

Even so, this isn't an absolute rule — if it's established in a specific case that the mother isn't in a position to properly care for the child, custody can be awarded to the father instead.

Is My Child's Opinion Taken Into Account?

The opinion of a child who has reached a certain level of maturity can be obtained by the court through appropriate methods (for example, via a child psychologist) and considered in the decision-making process.

However, the child's opinion is not decisive on its own — it's one part of the best-interests assessment.

What Is Joint Custody?

Joint custody means that divorced parents continue to share the rights and obligations of custody over their child equally and together.

Is Joint Custody Available in Turkey?

Yes, and there's been notable movement on this front recently.

As of 2026, courts show no hesitation in awarding this arrangement to families where the parents have a high capacity for cooperation, prioritize the child's best interests, and where practical factors (such as geographic proximity) make joint custody workable.

Is Joint Custody Possible for Every Divorcing Couple?

No.

In highly contentious cases where communication between the parties is poor, the likelihood of a court awarding joint custody is quite low.

That's because joint custody functioning properly requires at least a minimum level of cooperation and communication between the parents.

Who Does the Child Live With Under Joint Custody?

Joint custody doesn't necessarily mean the child physically spends equal time with each parent.

Typically, the child's primary residence remains with one parent, while both parents continue to jointly participate in decision-making (on matters like education and health) — but the specific arrangement can vary depending on the case.

What Is the Court of Cassation's Current Approach?

Recent decisions from the 2nd Civil Chamber of the Court of Cassation show a more thorough examination of the best interests of the child and the specific circumstances of families with joint children in custody arrangements.

These decisions closely examine the child's age, their familiar environment, educational circumstances, and psychological state.

Can a Custody Decision Be Changed After It Becomes Final?

Yes.

If circumstances change significantly (for example, if the custodial parent becomes unable to care for the child), a lawsuit can be filed requesting a change of custody.

What Rights Does the Non-Custodial Parent Have?

The parent who isn't awarded custody generally has the right to a personal relationship (visitation, contact) with the child; this right is exercised according to the procedure and schedule set by the court.

What If Someone Interferes With This Personal Relationship?

If the custodial parent obstructs the court-ordered personal relationship, the other parent can pursue enforcement proceedings; this can also serve as grounds for requesting a reassessment of custody.

What Not to Do

Using the child against the other parent

Behavior aimed at manipulating the child can be viewed negatively by the court and can affect the custody decision.

Arbitrarily obstructing the personal relationship

Obstructing the court-ordered personal relationship can have legal consequences.

Not seeking professional support throughout the process

Especially in highly contentious cases, getting both legal and psychological support can benefit both the parents and the child.

Quick Checklist

1. Adopt an approach focused on the child's best interests.

2. Document your housing, education, and care arrangements.

3. If seeking joint custody, assess your capacity to cooperate with the other parent.

4. If the child's opinion needs to be obtained, involve professionals in the process.

5. Request a clear and workable personal relationship arrangement.

6. Manage the process together with a family law attorney.

Frequently Asked Questions

Can I file a custody case separately from the divorce case?

Custody is generally decided as part of the divorce case; however, if circumstances change later, a separate custody-modification lawsuit can be filed.

The father works and the mother doesn't — does that automatically affect custody?

Economic status alone isn't decisive; the court weighs all of the child's needs together.

Do both parents need to agree to request joint custody?

Cooperation between the parents matters for joint custody to work well, but the specific request and assessment is made based on the case.

Can my child say who they want to live with?

The opinion of a child who has reached a certain maturity can be obtained through a professional and considered in the assessment.

Conclusion

Custody is an issue that directly and long-term affects a child's life, which is why it must be handled with the utmost care.

Whether in an initial custody determination or a joint custody request, it's essential that the process be conducted with a focus on the child's best interests and supported by the right evidence.

Atalya Hukuk Bürosu provides legal counsel and litigation support in Antalya for family law matters, including custody, joint custody, and personal relationship arrangements.

This article is for general informational purposes only and does not constitute legal advice. Please consult a lawyer for an assessment specific to your situation.

Sources

• Turkish Civil Code No. 4721, Arts. 335-351 (provisions on custody)
• Recent case law of the 2nd Civil Chamber of the Court of Cassation on custody and the best interests of the child