Child custody after divorce in Turkey: who gets it?

In a Turkish divorce, custody (velayet) goes to the parent with whom the child is best placed, judged by the child’s interest. The Turkish Civil Code (Türk Medeni Kanunu, TMK) gives no priority to the mother or the father; custody belongs to the parent to whom the court entrusts the child (Article 336(3) TMK). The other parent has a right of personal contact (kişisel ilişki) and contributes to the child’s costs according to their means (Article 182 TMK).

This article explains how the court decides, how custody can be changed later, and what applies if one parent lives in Germany or the Netherlands. The TMK provisions cited were checked against the current text in the official UYAP Mevzuat system in November 2026.

Custody during the marriage and on divorce

A minor child is under the parental authority of both parents, and it cannot be taken from them without a legal ground (Article 335 TMK). While the marriage lasts, the parents exercise it jointly (Article 336(1) TMK).

Once divorce proceedings are filed, the judge takes the necessary interim measures for the children’s care and protection of their own motion for the duration of the case (Article 169 TMK). This is where it is decided with whom the child lives during the case and how contact with the other parent works.

In the divorce judgment the court, having heard both parents where possible, settles the parents’ rights and their personal contact with the child (Article 182(1) TMK). Custody passes to the parent to whom the child is entrusted (Article 336(3) TMK). In an uncontested divorce, too, the arrangement for the children needs the judge’s approval, and the judge may amend it in the children’s interest (Article 166(3) TMK).

What does the court look at?

The Code has no rule such as “in this case the mother, in that case the father”. The test is the child’s interest. The Code says so in several places: in arranging contact, the child’s interests in health, education and moral development are decisive (Article 182(3) TMK); parents decide on care and upbringing in the child’s interest and take the child’s views into account on important matters as far as the child’s maturity allows (Article 339 TMK).

Family courts rely on psychologists, educational specialists and social workers for this (Article 5 of Act No. 4787 on Family Courts). In practice the social inquiry report (sosyal inceleme raporu) prepared by these specialists, witness statements and, where needed, other expert reports are assessed together.

The child’s age, who has cared for the child so far, school and surroundings, siblings, or the time a parent can give are not listed in the Code; they are weighed in each case as part of the child’s interest. No outcome can therefore be predicted with certainty.

Custody cases are heard by the family court (aile mahkemesi) (Article 4 of Act No. 4787).

Is joint custody possible after divorce?

The TMK does not expressly provide for both parents to exercise custody jointly after divorce; under Article 336(3) TMK custody belongs to the parent to whom the child is entrusted. In practice, joint custody (ortak velayet) is requested in divorce and custody cases.

This point is disputed. There is no express statutory provision, and no verified decision of the Court of Cassation (Yargıtay) setting out the conditions is cited in this article. Whether a court will order joint custody in a given case is not certain.

Changing custody

Circumstances can change after the divorce. Where new facts such as a parent remarrying, moving away or dying make it necessary, the judge takes the required measures of their own motion or at a parent’s request (Article 183 TMK). An application to change custody is based on this provision.

The remarriage of the parent with custody is not, on its own, a reason to remove custody; but if the child’s interest requires it, custody can be transferred (Article 349 TMK).

Disregarding a contact order also has consequences. If the parent with custody does not comply with the contact arrangement, custody may be changed provided this is not against the child’s interest; the court warns the parties of this in its decision (Articles 182(2) and 324(3) TMK).

If other protective measures are not enough, for example because the parents cannot properly perform their role or seriously neglect their duties towards the child, the judge may remove parental authority (Article 348 TMK). The parents’ duty to pay for the child’s care and education continues (Article 350 TMK).

Contact for the parent without custody

The parent without custody is entitled to appropriate personal contact with the child (Article 323 TMK). Each parent must avoid harming the child’s relationship with the other. If contact endangers the child’s well-being, a parent uses it in breach of their duties or does not take a genuine interest in the child, contact may be refused or withdrawn (Article 324 TMK).

In a case decided by the 2nd Civil Chamber of the Yargıtay, the question was whether the contact schedule served the child’s best interest. The regional appeal court had re-set contact, based on social inquiry reports, to include overnight stays and holiday periods; the Yargıtay upheld that decision (E. 2024/5353, K. 2024/8144, 1 November 2024).

If one parent lives in Germany or the Netherlands

Which law applies? A Turkish court applies to custody on divorce the law governing the divorce: the spouses’ common national law, failing that the law of their common habitual residence, failing that Turkish law (Article 14(1) and (3) MÖHUK, the Turkish private international law act). If both spouses are Turkish citizens, the Turkish court applies Turkish law even if they live abroad. Outside divorce, custody follows Article 17 MÖHUK; see Article 17 MÖHUK.

Foreign custody decisions. For a German or Dutch divorce and custody judgment to take effect as res judicata in Turkey, a Turkish court must find that it meets the requirements, that is, recognise it (Article 58 MÖHUK). Recognition of foreign family law judgments is a matter for the family courts (Article 4 of Act No. 4787).

Taking the child abroad without the other parent’s consent. Turkey is a party to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, implemented by Act No. 5717. If a child under 16 has been taken from the state of habitual residence to another contracting state, or kept there, in breach of custody rights, the child’s return can be sought (Articles 1–3 of Act No. 5717). Turkey’s central authority is the Ministry of Justice; the return case is filed with the family court by the public prosecutor on behalf of the central authority (Articles 3, 6, 7). Return proceedings come first: a custody case filed in the meantime is stayed, and if return is ordered, no custody decision is made in that judgment (Articles 12, 14). The application can also be made to the central authority in Germany or the Netherlands (Article 7(1)).

Custody proceedings before a German or Dutch court are governed by that country’s law and procedure. For those, please consult a lawyer admitted there or the competent local authority. For related topics, see family law.

Frequently asked questions

When does a father get custody in Turkey?

The Code gives no priority to either parent. Custody goes to the parent with whom the child is best placed in the specific case (Articles 182 and 336(3) TMK).

Is the child heard?

Parents must take the child’s views into account on important matters as far as the child’s maturity allows (Article 339 TMK). Courts rely on specialists for this assessment (Article 5 of Act No. 4787).

Does custody change if the parent with custody remarries?

Not automatically. Remarriage is not a ground for removing custody, but custody can be transferred if the child’s interest requires it (Articles 349 and 183 TMK).

Do I pay child maintenance if I do not have custody?

Yes. The parent without custody contributes to the child’s care and education costs according to their means (Article 182(3) TMK). This child maintenance is not affected by the Constitutional Court ruling on post-divorce spousal maintenance; see alimony in Turkey.

Sources

Questions about your case

If you would like to have assessed how custody would be decided in a Turkish divorce, whether there is a new fact that could support changing custody, or how a German or Dutch custody judgment is recognised in Turkey, you can choose a date for a video call, a phone call or a meeting in Düsseldorf on the appointment page. Written questions can be sent through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for custody questions under German or Dutch law, please consult a lawyer admitted in that country. Useful to have ready:

the child’s Turkish civil registry extract (nüfus kayıt örneği) and both parents’ nationality,
any divorce and custody judgment, with its certificate of finality,
in which country, with whom and since when the child has been living.