Child Custody & Alimony in Turkey: Custody and Types of Support

The most sensitive and most-asked aspect of a divorce case is often not the ending of the marriage itself, but the question of child custody and the alimony between the parties. These are the issues where disputes between spouses run highest. This article explains who is awarded custody and on what criteria, the current status of joint custody in Turkish law, the right to personal contact with the child, and the four types of alimony — interim, child support, poverty and assistance — with their practical details.

What Is Custody?

Custody (velayet) is the totality of rights and duties granted to parents over the care, upbringing, protection and legal representation of a minor child, and over the management of the child's property. It is regulated in Article 335 and the following articles of the Turkish Civil Code No. 4721. While the marriage subsists, custody is exercised jointly by both parents. On divorce or separation, the judge assigns the exercise of custody to one of the spouses (TCC Art. 336/3 and Art. 182).

Who Is Awarded Custody on Divorce?

The single, overriding criterion in determining custody is the best interests of the child. The law affords no preference to either the mother or the father. As this is a matter of public order, the judge investigates it on their own motion (re'sen) and, where necessary, obtains the opinion of experts (a pedagogue, psychologist or social worker). The main factors considered are:

• The child's age and developmental needs. Custody of very young children who still need maternal care and affection tends, as a rule, to be left with the mother.
• The time, caregiving capacity and living conditions each parent can offer the child.
• Preserving the environment, school and social order the child is accustomed to.
• The views of a child of sufficient maturity (generally aged 8 and above). Under the UN Convention on the Rights of the Child, the child is heard and their opinion is taken into account in line with their age and maturity.

It is important to note that economic superiority alone is not decisive; a parent with a lower income may be awarded custody if the child's interest so requires, with any income shortfall offset by child support.

Is Joint Custody Possible?

Joint custody is not expressly regulated in the Turkish Civil Code; nor, however, is there any provision prohibiting it. Article 5 of Protocol No. 7 to the European Convention on Human Rights, to which Turkey is a party, provides that spouses enjoy equal rights and responsibilities in relation to their children, both during the marriage and after its dissolution. Since the landmark 2017 ruling of the 2nd Civil Chamber of the Court of Cassation, joint custody has become applicable in Turkish law through case law.

Here too, the decisive condition is the best interests of the child. The judge assesses whether there is a reasonable level of communication and cooperation between the parents that does not impede meeting the child's basic needs. Where those conditions are met, joint custody may be ordered even if there is a dispute between the parties.

The Right to Personal Contact (Visitation)

Personal contact between the child and the spouse who is not granted custody is arranged by the judge under TCC Art. 182 and Art. 323. The court sets concrete days for specified weekends, religious holidays, half-term and summer holidays. Obstructing personal contact may constitute grounds for changing custody and may also trigger enforced delivery of the child and measures under the Child Protection Law No. 5395.

Types of Alimony

In Turkish law, alimony (nafaka) is not a single concept; there are four distinct types, each with a different purpose, legal basis and duration. Not confusing them is critical to avoiding loss of rights.

1. Interim Alimony (TCC Art. 169)

Once a divorce action is filed, the judge takes, on their own motion, the provisional measures needed during the proceedings for the spouses' accommodation and subsistence and for the children's care. The provisional alimony awarded in this context is called interim alimony (tedbir nafakası). It runs from the filing of the action until the judgment becomes final, at which point it may turn into poverty or child support, according to its nature.

2. Child Support (TCC Art. 182/2, Art. 327–331)

Child support (iştirak nafakası) is the alimony paid by the spouse who is not granted custody, contributing to the child's care and education costs in proportion to their means. As it serves the child's interest, it does not depend on a request by the custodial parent; the judge determines it on their own motion. As a rule, it ends automatically when the child reaches the age of majority (18). If the child's education continues after they come of age, assistance alimony may apply for the duration of that education where the conditions are met (TCC Art. 328/2).

3. Poverty (Spousal) Alimony (TCC Art. 175–176)

The party who will fall into poverty because of the divorce may, provided their fault is not graver than the other spouse's, request poverty alimony (yoksulluk nafakası) from the other party in proportion to that party's means, for their subsistence. Under the current TCC Art. 175, this alimony is awarded for an indefinite period. Although legislative work on the much-debated "indefinite alimony" rule continues, the current provision remains in force as of 2026. Poverty alimony ends — automatically or on request — if the recipient remarries, lives as though married, ceases to be in need, or if either party dies (TCC Art. 176/3).

4. Assistance Alimony (TCC Art. 364)

Assistance alimony (yardım nafakası) is a type of alimony claimed, independently of any divorce, against descendants, ascendants and siblings who would otherwise fall into poverty if not supported. For example, a child whose education continues after coming of age may claim it from their parents, or an elderly parent in need may claim it from their children.

How Is Alimony Calculated?

There is no fixed tariff or percentage for alimony in Turkish law. Within the framework of the principle of equity, the judge assesses the income and assets of the person liable, the needs of the recipient, the child's age, their education and health costs, the standard of living and prevailing economic conditions, and fixes the amount accordingly. No amount may be awarded that would itself drive the person liable into poverty.

Increasing, Reducing and Terminating Alimony

An alimony order is not final and unchangeable; the amount may be readjusted when the parties' financial situation or the child's needs change. In practice, to avoid the burden of filing repeated actions, protocols and judgments commonly include a clause for an automatic annual increase tied to the producer/consumer price index. A separate action may also be brought to increase, reduce or wholly terminate the alimony set by the court (TCC Art. 176/4, Art. 331). Recent Court of Cassation rulings accept that alimony may be adapted where a long time has passed and economic conditions have changed fundamentally.

Changing Custody

A custody order is not unchangeable either. Where there is a substantial change of circumstances — such as the custodial parent gravely neglecting their duties, endangering the child's health or safety, relocating, or where the child's best interests so require — the other parent may file an action to change custody (TCC Art. 183). This action may be brought at any time, without being subject to any time limit.

Frequently Asked Questions

Is custody awarded to the mother or the father?

The law gives no preference to the mother or the father; the sole criterion is the best interests of the child. In practice, custody of very young children who still need maternal care is usually left with the mother. However, in each case the judge weighs the parents' economic and social circumstances, their relationship with the child, and the views of a child of sufficient maturity.

Is joint custody possible in Turkey?

Yes. Although it is not expressly regulated in the Turkish Civil Code, joint custody has become possible through Article 5 of Protocol No. 7 to the European Convention on Human Rights, to which Turkey is a party, and through Court of Cassation case law since 2017. The judge may order joint custody where it serves the best interests of the child and the parents are able to cooperate.

Does child support end when the child turns 18?

Child support (iştirak nafakası) ends automatically when the child reaches the age of majority (18); no separate action is required. However, if the child's education continues after they come of age, the parents may be liable to pay assistance alimony for the duration of that education under TCC Art. 328/2, depending on their means.

How long is poverty (spousal) alimony paid?

Under the current TCC Art. 175, poverty alimony is awarded for an indefinite period. However, it ends if the recipient remarries, lives as though married, ceases to be in need, or if either party dies; an increase, reduction or termination may also be requested following a fundamental change in the parties' financial circumstances.

Can the amount of alimony be increased or reduced later?

Yes. The amount can be increased or reduced if the parties' financial situation or the child's needs change. In practice, protocols and judgments commonly include an automatic annual increase clause tied to the producer/consumer price index, which removes the need to file repeated actions.

Official sources: Turkish Civil Code No. 4721