Custody Rights in the Divorce Process

Custody rights, one of the most sensitive matters in divorce processes, require that the best interests of children be observed. Within the scope of the Turkish Civil Code and related legislation, we cover in detail how custody is determined, the criteria taken into account and the process.

## 1. The Basis of Custody Rights

Pursuant to Article 335 of the Turkish Civil Code, the court decides on the custody of children in the event of divorce. Custody means meeting the child's care, education and personal needs.

## 2. The Best Interests of the Child Principle

The court aims to ensure that the child's physical, mental, emotional and social development is maintained in the best possible way. This principle forms the basis of every decision. It is a priority that the child's current living order is not disrupted.

## 3. Criteria Evaluated

- **Care conditions of the parents:** Economic situation, housing conditions, working hours - **The child's current situation:** Education, circle of friends, psychological condition - **The child's preference:** Statements of children who have turned 8 years old are taken in court - **Parental attitude:** Whether the child's relationship with the other parent is supported - **Health condition:** Evaluated if the child has special care needs

## 4. Modification of Custody

If circumstances change, custody can be modified. To modify custody, a lawsuit must be filed and it must be proven that the new circumstances are in the child's best interests.

## 5. Establishing Personal Relations with the Child

Even if custody is granted to the other party, the other parent's right to establish personal relations with the child is reserved. The court determines the form, days and durations of this relationship. Regulating personal relations ensures that the child maintains a healthy relationship with both parents.

## 6. Alimony and Financial Obligations

The parent who is not granted custody is obliged to pay child support for the child's care and education expenses. The amount of alimony is determined according to the child's needs and the parents' economic situation.

## Conclusion

The child's interests should be protected in the best possible way by obtaining professional legal support. Ehil Law Group is by your side at every stage of the process with its staff experienced in family law.