Joint Custody (Ortak Velayet) and Changing Custody
Summary: A New Era: Joint Custody (Ortak Velayet) Until 2017, Turkish Law was strict: Custody belonged to ONE parent. The other was just a 'visitor'. However...
A New Era: Joint Custody (Ortak Velayet)
Until 2017, Turkish Law was strict: Custody belonged to ONE parent. The other was just a “visitor”. However, aiming to align with European standards, the Supreme Court now allows Joint Custody.
Conditions for Joint Custody
It is NOT Automatic. It requires:
- Mutual Agreement: Both parents must explicitly accept it in the protocol. You cannot force joint custody in a contested divorce.
- No Conflict: The judge must be convinced that parents can communicate civilly for the child’s school/health decisions.
- Child’s Benefit: It must not disrupt the child’s routine (e.g., parents must live in the same city).
Changing Custody (Velayetin Değiştirilmesi)
Custody decisions are not permanent. If circumstances change, you can file a “Custody Modification Lawsuit”.
Valid Reasons to Change Custody
- Prevention of Visitation:
Parental Alienation
If the custodial parent persistently hides the child and prevents the other parent from seeing them, this is a strong ground for switching custody.
- Neglect & Abuse: If the child is often left home alone, not sent to school, or physically abused.
- Immoral Lifestyle: If the custodial parent lives a life that actively harms the child’s moral development.
Does Remarriage Affect Custody?
Generally No. Just because the mother remarried does not mean she loses custody. Exception: If the new stepfather treats the child badly, or the house becomes unsafe, then custody can be changed.
The Process
- File Lawsuit in Family Court.
- Pedagogue visits both homes.
- Judge interviews the child.
- Decision is made.
Legal Support: We help fathers and mothers fight for Joint Custody or rescue their children from a neglectful environment.
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Fevzi Yaşkır, registered with the Konya Bar Association, practices in Criminal Law, Family Law, Labor Law, and Enforcement Law. He is committed to defending his clients' rights at the highest level.