Who Gets Custody?

Who Gets Custody? One of the most sensitive aspects of divorce is custody. Deciding with whom the child will live, who will make decisions about education and healthcare, and how the child will be raised are major concerns for families. Turkish Civil Law regulates custody based on the best interests of the child. This article explains what custody means, how courts decide on custody, and key precedents in Turkish law.

What is Custody?

Custody refers to the legal authority and duty to care for, educate, and protect a minor child. Both parents share custody during marriage, but after divorce, it is granted to only one parent.

Who Gets Custody After Divorce?

• The best interest of the child is the primary rule.
• Age, health, and educational needs of the child are considered.
• The living conditions and capabilities of each parent are assessed.

General trend: Young children are often given to the mother, but this is not absolute.

Criteria Considered by the Court

1. Child’s age
   • Babies (0–3 years old) are usually given to the mother.
   • For school-age children, their opinion may be heard.
2. Parental lifestyle
   • Substance abuse, violence, or harmful behavior negatively affect custody.
3. Economic conditions
   • Financial capability matters but emotional and physical needs of the child are equally important.
4. Child’s opinion
   • Children over 8 are generally allowed to express their preference.

Joint Custody in Turkey

Traditionally, joint custody was not possible in Turkey. However, recent court decisions influenced by European Human Rights Court rulings have allowed joint custody in certain cases.

Custody Lawsuits

• Can be filed during divorce or afterward.
• Petition submitted to the Family Court.
• Social reports and psychological assessments are considered.

Case Law Examples

• Custody granted to the mother based on the child’s psychological well-being.
• Father’s stable income was not the sole deciding factor.
• Parent prioritizing child’s education was favored.

FAQ

1. Does custody continue after 18?
No, once the child turns 18, custody ends.

2. Can custody change later?
Yes, if circumstances change, a custody modification lawsuit can be filed.

3. Is joint custody possible?
Yes, when both parents agree and it serves the child’s best interest.

Conclusion

Custody is not merely a parental right but a child’s fundamental right. Courts always prioritize the child’s welfare. Families should approach custody not emotionally, but with a focus on the child’s long-term well-being.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney in your jurisdiction.