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Child Custody

Family Law

Child custody cases (velayet davaları) are family law cases filed to determine which parent will make decisions concerning the child’s care, education, health and development. In custody disputes, which may arise during or after the divorce process, the main aim is to protect the child’s physical, psychological and social development before the expectations of the parents.

In custody matters, courts consider not only the requests of the mother or father but also which environment is more suitable in terms of the child’s age, needs, relationship with each parent, living conditions and development. The best interests of the child (çocuğun üstün yararı) are one of the most important assessment criteria in custody decisions.

What Is a Custody Case?

A custody case is the legal process through which a court decides who the child will live with, which parent will represent the child and how responsibilities for the child’s care will be carried out.

Custody cases are not filed only at the divorce stage. A change or new arrangement of custody can also be requested because of new circumstances that arise after the divorce judgment.

Who Is Granted Custody?

In Turkish law, there is no fixed rule that custody is automatically granted to the mother or the father. The court examines the particular facts of each case and tries to reach the decision that is most suitable for the child’s interests.

When assessing custody, many factors are considered together, such as:

  • the child’s age and developmental needs,
  • the care each parent can provide for the child,
  • the child’s education and health,
  • the parents’ way of life,
  • the emotional bond between the child and each parent,
  • the child’s safe and healthy development.

All of these are weighed together.

How Is Custody Determined in a Divorce?

In divorce cases, custody may be determined by agreement between the parties or by the court’s assessment. Even if the spouses have agreed on custody, the court examines whether the arrangement is in the child’s interests.

Particularly in contested divorce proceedings, custody is one of the areas in which the parties disagree most. In this process, the child’s needs must be given priority over the parents’ problems with each other.

When Can an Action to Change Custody Be Filed?

If circumstances change significantly after the custody judgment becomes final, a change of custody can be requested. This is because a custody judgment is given in light of the child’s circumstances at the time, and the child’s living conditions may change over time.

For example, a change of custody may be considered in situations such as:

  • the child’s care not being adequately provided,
  • neglect of the child’s education or health needs,
  • obstruction of the child’s personal contact with the other parent,
  • a change in the living conditions of the parent with custody.

In such cases, a change of custody may be on the agenda.

Does the Child’s Opinion Matter in a Custody Case?

If the child’s age and level of maturity are appropriate, taking the child’s views into account can be important in custody cases. However, not every opinion expressed by the child is decisive on its own.

The court assesses the child’s statement together with all other circumstances. The key question is in which environment the child will truly develop in a healthier way.

Assessment by a Child Development Professional (Pedagog) and Other Professionals in Custody Cases

In some custody disputes, professional opinions may be obtained so that the situation of the child and the parents can be assessed better. Social investigation reports (sosyal inceleme raporu) and professional assessments may be among the factors that the court can take into account when reaching its decision.

The aim of these assessments is not to punish either parent, but to identify the environment that will support the child’s safe and healthy development.

Custody disputes are not merely a disagreement between parents. The decision can directly affect the child’s daily life, education and future development.

For this reason, the allegations made, the evidence submitted and the legal steps requested in a custody case must be assessed within the framework of the best interests of the child.

In custody cases, the circumstances of each family and the needs of the child differ. Attorney Ezgi Çalışkan works on conducting legal processes concerning the determination of custody, change of custody, arrangements for personal contact and divorce-related family law disputes.

In a custody process that concerns your child’s future, you can contact Attorney Ezgi Çalışkan to have your current situation assessed from a legal perspective and to identify the right steps.

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