Change of Custody Lawsuit in Turkey

A change of custody becomes relevant where a significant and lasting change occurs in the custodial parent's situation after the divorce judgment, one that adversely affects the child's interests. Article 183 provides that the judge may take the necessary measures, on their own initiative or upon request, where the custodial parent remarries, relocates, or dies, or where similar new circumstances require it. The list in the article is not exhaustive — the word "such as" indicates that other comparable situations may also be considered.

Article 324 addresses a situation in which the custodial parent, without justified cause, persistently obstructs the other parent's personal relationship with the child. This conduct may also be treated as grounds for changing custody.

In practice, the following situations most commonly support a request to change custody:

• The custodial parent neglecting the child's care, education, or health needs
• The custodial parent engaging in violence, abuse, or neglectful conduct
• Persistent obstruction of the child's personal relationship with the other parent
• The custodial parent's health deteriorating to the point of making adequate care impossible
• The child's clearly expressed preference, weighed according to their age and maturity and found consistent with their interests

None of these factors is necessarily sufficient on its own; the court weighs all the evidence in the file together, guided by the principle of the child's best interests.

The competent court for a change-of-custody lawsuit is the family court, or, where no family court exists, the civil court of first instance acting in that capacity. Because the Court of Cassation classifies a change-of-custody lawsuit as a non-contentious matter within the meaning of Article 382 of the Code of Civil Procedure, venue is determined under Article 384: the case may be filed at the place where the applicant or one of the interested parties resides. Its non-contentious nature also means that the case is subject to simplified proceedings and that the decision does not constitute a final judgment on the merits; if circumstances change again, custody may be brought before the court once more.

In assessing a request to change custody, the court focuses on the environment the child is in, each parent's caregiving conditions, and the child's best interests. A social investigation report is generally prepared for this purpose; an expert psychologist or pedagogue examines the parents' and child's living environment on-site and prepares a report.

The opinion of a child who has reached a certain age and maturity may be obtained by the judge directly or through an expert. While the child's opinion is not decisive on its own, it is an important factor in the best-interests assessment.

A change-of-custody lawsuit concerns transferring custody from one parent to the other, while a request to rearrange personal contact updates the days and hours the non-custodial parent spends with the child without changing who holds custody. In some cases, even where a request to change custody is not granted, the personal contact arrangement may still be revised; both requests can be raised together in the same case.

When custody changes, the child support obligation changes hands as well; support in favour of the new custodial parent may be requested in the same case (see our article on the types of alimony).

Does the custodial mother's remarriage by itself change custody? No. Remarriage, listed in Article 183, is not an automatic ground for change but a fact that requires the judge to reassess the child's interests. Custody is not changed unless it is concretely shown that the new marriage adversely affects the child's care, safety, or education.

Is joint custody possible after divorce? Yes. Since 2017 the Court of Cassation has accepted that joint custody may be ordered after divorce where the parties agree and it serves the child's best interests. Joint custody may also be requested in a lawsuit to change an existing sole custody order; however, where it appears that the parents lack communication and cooperation, the court may reject the request.

Where is a change-of-custody lawsuit filed in İzmir? The case is filed with the family court at the place where the applicant or one of the interested parties resides: the İzmir Courthouse in Bayraklı for the central districts, and the Karşıyaka Courthouse for districts within its judicial district; the social investigation report is prepared by the experts assigned to the courthouse. For more comprehensive information on custody and personal contact matters, you can review our İzmir child custody lawyer page; our office in Konak provides support in family law matters across İzmir.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy