Short answer
The child’s best interests are central to custody assessment. Alongside the parents’ requests, the child’s care, education and living conditions are considered; no single characteristic determines the outcome in every case.
What lies behind “Who will get custody?”
Custody is often the first question when divorce is discussed. The answer, however, cannot be based solely on what the mother or father wants. The child’s familiar environment, care arrangements, schooling and needs must be considered together. Treating income or the child’s age alone as decisive is misleading.
The Constitutional Court’s explanations also emphasise workable contact arrangements that reflect the child’s and parties’ circumstances. An order that looks orderly on paper may not operate smoothly in daily life.
More than a weekend schedule
Distance and travel time matter when planning contact. If parents in different districts have no clear handover time and place, each visit can become a new argument. School calendars, holidays and medical appointments are where the plan meets everyday life.
Concrete information about the child’s needs is more helpful than broad accusations against the other parent. Relevant documents should support issues such as healthcare follow-up, who provides care and how, or continuity at school.
Circumstances can change
Relocation, a change of school or significant changes in care can affect existing arrangements. The legal consequences depend on the extent of the change. Bring the full earlier decision and the date of the change to the consultation.
Preparation should not put the child under pressure to gather evidence or choose a side. A brief timeline of the child’s life can be more useful than a complicated, accusatory account. Any need for urgent protection should be considered separately from an ordinary meeting plan.
Consultation preparation checklist
- Any previous court orders
- Relevant school and healthcare documents
- Parents’ addresses and travel arrangements
- A brief account of current care arrangements
Frequently asked questions
Does the higher-earning parent always receive custody?
No. Custody cannot be reduced to a single financial measure; the child’s interests are assessed in the particular circumstances.
Can contact arrangements change later?
Changed circumstances may require legal assessment. The earlier decision and the new situation are considered together.
Sources and relevant legislation
- Turkish Civil Code No. 4721 — Ministry of Justice
- Custody and the child’s best interests — Constitutional Court
Source review and preparation: October 16, 2026. Legislation and practice can change; the current text and individual circumstances must be reviewed before applying.
This article is a general information publication by Hukukofis; it is not individual advice from a lawyer or a guarantee of results. For verified education details of the office’s lawyer, see our lawyer’s profile.