Child custody is one of the most important and sensitive issues between divorced or separated parents. According to the Turkish Civil Code, child custody is determined according to the child’s best interests. The factors and legal regulations taken into consideration in this process can be summarized as follows:

1. Child’s Interest (Benefit)
Custody is determined by considering the child’s psychosocial development, physical and emotional needs, future education, and the environment in which he or she lives. Within this framework, it is evaluated how the child can best grow and develop.
Who the child will stay with is related to which parent is more suitable for his or her healthy development. This may vary depending on the child’s age and general conditions.
2. Child’s Age
For children between the ages of 0-6, it is generally preferred to give custody to the mother, because it is expected that the care and affection needs of young children will be met by the mother. However, this is not an absolute rule and can also be given to the father in accordance with the child’s best interests.
For children aged 6 and over, the judge takes the child’s opinion into consideration, as they can express their own opinions more clearly. The judge may question and take into consideration which parent the child wants to see with him/her.

3. Parents’ Status
The psychological state, social environment, educational status and capacity of the parents to take care of the child are also important factors. These situations are evaluated in terms of suitability for the child’s care.

In addition, the parents’ attitudes towards the child, family relationships and the child’s standard of living are also taken into consideration.

4. The Child’s Needs and Future
The child’s educational status, health needs and general living conditions are also factors that affect the custody decision. For example, the most suitable environment for the child to continue his/her education and which parent has better educational opportunities are also taken into consideration.

5. Communication and Stability Between the Parents
There must be cooperation and communication between the parents at a level that will allow them to make important decisions about the child. Lack of communication or severe disagreements can harm the child’s interests.

In addition, both parents must be in a position to ensure their participation in the child’s care. At this point, the parent who provides the most stable environment for the child is more likely to receive custody.
6. Violence and Neglect
A parent who uses psychological, physical or sexual violence against a child or neglects the child may have their custody rights revoked. If it is determined that a parent has used violence against the child or has an attitude that endangers the child’s life, that parent’s custody rights may be revoked.
If one of the parents has alcohol or drug addiction, this may also harm the child’s best interests and affect the custody decision.
7. The Child’s Opinion (Which Parent They Want to Stay With)
According to the Turkish Civil Code, if the child is over the age of 12, the judge may seek the child’s opinion. Which parent the child wants to stay with is also important in this process.

However, if the child is young and emotionally or psychologically unable to make the right decision, the judge does not only seek the child’s opinion, but also takes other factors into consideration.
8. The Parent’s Ability to Make Decisions About the Child
A parent who has the ability to make decisions about the child’s care and education is more likely to receive custody. Therefore, parents must demonstrate their capacity to meet the child’s basic needs and to provide regular care.

9. Family Court Decision
The court decides which parent to grant custody of the child by evaluating all of the above elements. The parents’ requests and the child’s best interests form the basis of this decision.
Basic Criteria Considered When Making a Custody Decision:
Suitable for the child’s age and developmental needs.
The parents’ capacity to care and the stability they provide to the child.
The level of communication and cooperation between the parents.
No violence or maltreatment against the child.
The child’s right to express his/her own opinion (age 12 and over).

Custody decisions are made for the best development of the child, taking into account each child’s special situation. The court makes a decision that takes into account all of these factors and considers the child’s best interests.