In divorce cases, custody of the children depends on the grounds for divorce, the children’s age and needs, and the court’s assessment. Because every divorce has its own circumstances, there is no fixed rule, and each case is examined individually. There are, however, important factors and legal principles that apply in general.
The Guiding Principle: The Best Interests of the Child
Under the Turkish Civil Code, the court decides custody by protecting the child’s best interests. Turkish law contains no automatic rule that the child goes to the mother or to the father. The court looks at the child’s situation as a whole and, if the parents disagree, decides for the child’s best interests.
Factors the Court Considers
- The child’s age and development: the child’s age and physical and emotional development are taken into account. Very young children may be closely attached to the primary caregiver, often the mother, while older children may be able to express their own preferences, which the court may consider.
- The parents’ conduct: the court assesses how each parent approaches the child’s needs and contributes to healthy development. If one parent is considered to have harmed the child, this can affect the custody decision.
- Financial situation: the parents’ finances are considered, but a low income alone does not rule out custody, since the other parent can be required to pay child support.
- Residence and schooling: the child’s current home, school and environment matter, and courts tend to preserve stability.
- Parents’ ability to cooperate: communication and cooperation between the parents is a critical factor for the child’s emotional and psychological health.
When Might Custody Not Be Given to the Father?
Custody is often disputed between divorced or separated parents. In some cases a court may decide not to give custody to the father, for example where:
- Violence or abuse: allegations of violence or abuse toward the child can seriously affect the decision, and the court will protect the child’s safety and welfare.
- Neglect or irresponsibility: a parent who does not adequately attend to the child’s emotional and physical needs may lose custody.
- Substance addiction: where addiction endangers the child’s safety and health.
- Ongoing family conflict: the court may prefer the parent who offers a more stable environment for the child’s emotional and psychological development.
- The child’s preference: if the child is old and mature enough to express a preference freely, the court may consider it.
The same standards apply to mothers. Custody decisions are always case-specific, so each situation must be examined in detail and both parties heard fairly.
Can a Mother With No Income Get Custody?
Yes, this depends on the circumstances. A mother with no income can be given custody if she is able to ensure the child’s safety, health and general care. She may receive financial support from the other parent through child support, and an agreement between the parents that serves the child’s best interests may also provide for this.
Custody of Young Children
For children of about three or four, the court pays particular attention to attachment and daily routine. A young child who is breastfed or who has been cared for mainly by the mother is often left in her care, because stability and routine matter for small children. This is a practical consideration rather than a legal rule, and the court makes a specific assessment in each case.
Custody of a 7-Year-Old
For a school-age child, the court considers the child’s developmental level and special needs, ties to school and friends, each parent’s attitude and ability to meet the child’s needs, and the child’s own wishes. The child’s wishes may be considered but are not always decisive.
Custody in an Uncontested Divorce
In an uncontested divorce the parents agree on custody, but the judge must still be satisfied that the arrangement serves the child’s best interests. Typically:
- Joint care arrangements: the parents share responsibility for the child’s care and education and the child spends regular time with both.
- Sole custody: where the parents agree that one of them should have custody and this serves the child’s best interests.
- Cooperation and communication: the parents’ ability to cooperate is important.
In reviewing the parents’ agreement, the court always puts the child’s safety and welfare first.
Custody and Infidelity
When infidelity is alleged, the child’s best interests and safety still come first. The court considers the parents’ conduct and the extent to which it harms the child’s safety and emotional wellbeing, and evaluates the allegations together with other factors. Infidelity does not by itself decide custody.
In Conclusion
Custody is a sensitive matter and every situation is different. Cooperating to protect the child’s best interests, and being able to accept the court’s decisions, is important. Both parents may continue to play an important role in the child’s life, but the court makes the final decision on custody. For more on our services, see our divorce lawyer in Ankara page.
Frequently Asked Questions
Who gets custody of the child in a divorce in Turkey?
The court decides based on the child’s best interests. There is no automatic rule in favor of the mother or the father.
Can a mother without income get custody?
Yes. If she can meet the child’s safety, health and care needs, lack of income does not prevent custody, and the other parent may pay child support.
Is the child’s opinion taken into account?
The court may consider the wishes of a child who is old and mature enough to express them freely, but they are not always decisive.
Can parents agree on custody in an uncontested divorce?
Yes, but the judge must approve that the arrangement serves the child’s best interests.
This article is for general information only and is not legal advice. Translated from the original Turkish article and condensed; repeated sections were merged and generalizations about which parent is preferred were removed.