Custody is a legal institution that refers to the rights of parents to care for, educate, supervise, and represent their children. Following divorce proceedings, custody of the children is usually granted to one of the parties. However, changing circumstances in life may sometimes necessitate a reassessment of the custody decision. This is where a custody modification case comes into play.
As of 2025, the Turkish Civil Code and Supreme Court decisions emphasize that the child’s best interests are the most important criterion in custody changes.
What is Custody?
Custody encompasses the duties of caring for, educating, protecting, and representing the child. While married couples share custody of their children, after divorce, the court awards custody to either the mother or father, taking into account the best interests of the child.
Custody rights:
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Meeting the child’s basic needs,
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Ensuring their education and development,
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It includes representing him in legal proceedings.
What is a Change in Custody?
A change in custody is a request to transfer the child’s current custody from one parent to the other. This situation arises when new circumstances following a divorce proceeding are detrimental to the child’s best interests.
For example, neglect of the child, the custodial parent’s living conditions being harmful to the child, or the child growing up in an environment unsuitable for their development may necessitate a change in custody.
Conditions for Change of Custody 2025
As of 2025, certain legal and factual conditions must be met in order to file a custody modification case.
1. The Best Interests of the Child
The most fundamental condition is that the change in custody must be in the best interests of the child. Courts prioritize the child’s physical, mental, and social development.
2. Inadequacy of the Current Custodian
The inability of the parent with custody to meet the child’s needs or neglecting them may lead to a change in custody.
3. Emergence of New Conditions
When determining custody after divorce, the current circumstances are taken into account. However, these circumstances may change over time. For example, the custodial parent may move to another city, experience a deterioration in their financial situation, or mistreat the child.
4. Çocuğun Görüşü
According to the Turkish Civil Code, the opinion of a child who has reached a certain age and maturity is also taken into consideration. The requests of children aged 8-9 and above are particularly important for the court.
Reasons for Change in Custody
The most common reasons for a change in custody are as follows:
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Child neglect or exposure to violence
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The custodian having a serious illness or dependency
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Not prioritizing the child’s education
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The remarriage of the mother or father and the creation of a harmful environment for the child
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Behaviors that negatively affect a child’s emotional development
How to File a Custody Modification Case?
Custody modification cases are filed in family court. The petitioner is usually the other parent seeking custody.
The legal process consists of the following steps:
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The petition is prepared and submitted to the family court.
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The court obtains a social investigation report.
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The best interests of the child are considered.
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If necessary, a decision is made to have the child seen by a pedagogue or psychologist.
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Evidence (witnesses, documents, reports) is examined.
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The judge makes a decision after evaluating all the circumstances.
Social Investigation Report in Custody Modification
The court takes the social investigation report (SIR) into consideration when making its decision. This report provides a detailed assessment of the child’s living conditions, educational status, family relationships, and psychological state.
The following criteria are examined in the report:
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The physical conditions of the environment where the child stays
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The financial and emotional resources of the parents
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The child’s school and educational life
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The child’s psychological and emotional needs
Criteria Considered by the Court in Custody Modifications
When deciding on a change in custody, the judge does not only consider the parents’ requests; they evaluate all circumstances comprehensively.
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The child’s age and developmental level
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The child’s educational life and academic success
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The economic and social conditions of the parents
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Continuity of the child’s current living arrangements
Supreme Court Decisions in Practice
The Supreme Court consistently emphasizes the best interests of the child in its decisions regarding custody changes.
For example;
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Not sending the child to school,
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The bad habits of the mother or father,
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Child abuse,
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Unhealthy living conditions
It is among the sufficient grounds for changing custody in Supreme Court decisions.
Evidence That May Be Presented in a Custody Modification Case
The court bases its decision on custody changes on concrete evidence. Therefore, it is very important for parents to provide documents supporting their claims.
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Hospital reports, psychological evaluation documents
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Records of absences and achievements obtained from the school
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Photographs and videos related to the child’s living conditions
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Witness statements (neighbor, teacher, relative, etc.)
The Importance of the Child’s Opinion
As of 2025, the child’s opinion is given much greater consideration in custody cases. Children aged 8 and above are generally heard with pedagogical support. However, the court does not consider the child’s wishes to be the sole determining factor; it always takes the best interests of the child as the basis.
The Child’s Psychological State in Custody Changes
In custody cases, the child’s psychological well-being is one of the most important factors. If the environment in which the child lives is detrimental to their psychological development, a change in custody may become necessary.
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The child constantly living in a state of restlessness and fear
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Feeling lonely due to a parent’s lack of attention
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The presence of signs of violence or abuse
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Separation of the child from his or her social environment
Things to Consider When Changing Custody
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Strong evidence must be gathered before filing a lawsuit.
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Reports, documents, and witnesses proving the child’s victimization must be presented.
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The child’s psychological state should be taken into consideration.
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Handling the case with a professional lawyer ensures the process proceeds smoothly.
Professional Support with Atakan Ayhan Law Firm
Custody modification cases are sensitive processes that must be handled with great care. Representing the child’s best interests correctly requires professional legal knowledge.
Attorney Atakan Ayhan and his team provide strong legal support to their clients in custody modification cases with their experience in family law. Seeking professional advice on such an important matter concerning the child’s future will prevent any loss of rights.
A change in custody is an important decision made by courts not only at the request of the mother and father, but also when it is in the best interests of the child. As of 2025, the most fundamental criteria in these cases under the Turkish legal system are the child’s health, safety, education, and psychological development.
When the conditions for a change in custody arise, parents must file a lawsuit with the support of a professional lawyer and proceed with the process in a conscious manner.
