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Issues that will be effective in the custody of the child in common in a Turksih divorce case

Pursuant to the article 336 of Turkish Civil Code numbered 4721; if the common life is terminated or separation is realized, the judge may entrust the custody to one of the spouses. When considering this provision, it can be requested from the court in the lawsuit of divorce which will be brought, to decide for the custody of the child in common.  The most important factor in the custody is the best interest of the child. In other words, the factors such as health, education, morality, age and security etc. will be examined by the court and then the custody will be entrusted by the court to the party with whom the child in common will have the best interest.


In the event that the child in common is in early age (especially between 0-3 ages), the court prefers to entrust the custody to the mother. Pursuant to the Court of Appeal’s 2nd Civil Chamber, January 22, 2004, decision numbered 2004/117 E. and 2004/760 K.; Pursuant to the article 336/2 of Turkish Civil Codeif the common life is terminated, the judge may entrust the custody to one of the spouses. It is understood that the parties are living separately. The child in common named Kemal born on 20.09.1999 is in need of care and compassion of the mother. Instead of the acceptance of case, the entrusting of the custody to the mother and the establishment of personal relationship with the father, the dismissal of case is erroneous.”  Again in another decision dated 10.12.2007 of Court of Appeal,“… Pursuant to articles 182 and 336/2 of the Turkish Civil Code, it is against the procedure and the law to entrust to the father the custody of child in common named Melih born in 2003 who needs mother care and compassion unless there are serious and convincing proofs showing that stay of the child with his mother will constitute an obstacle for the child’s physical, intellectual, moral development and unless the existence of danger which will occur immediately is proved.”  In that case, as your child is 2,5 years old your unemployment will not affect the entrusting of the custody to your side. The needs of the child shall be covered by the alimony to be demanded during and after the divorce proceedings and ruled to the detriment of the other party.


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