Alimony and Child Custody

Here is the professional English translation of the provisions on Custody and Alimony/Child Support under Turkish Family Law, structured and formatted for clarity and technical legal accuracy:

Matters Regarding Custody (Velayet)

Custody comprises the legal rights and obligations granted to the mother and father concerning the care, education, protection, and representation of non-emancipated (minor) children.
The baseline principle in Turkish law is the supreme protection of the best interests of the child and their healthy development.
During and after the divorce process, the judge possesses a broad discretionary power regarding to whom custody will be granted.
The spouse granted custody holds the sole authority to make decisions regarding the child's daily life, education, and place of residence.
The right of the non-custodial parent to establish a personal relationship (visitation rights) with the child is reserved and is scheduled by the court.
If the child is of an age capable of expressing themselves (generally 8 years of age and older), the court is legally obliged to hear the child's own preference.
When rendering a custody decision, the court prioritizes the love, affection, and moral environment the parents can provide, rather than their financial status.
Custody of infants and very young children is granted to the mother on the grounds that they are in need of maternal care and attention, unless extreme circumstances dictate otherwise.
Custody rights are neither absolute nor permanent; a lawsuit for the modification of custody can be filed at any time if conditions change.
Attempts by the custodial parent to completely sever the child's ties with the other parent, or inflicting violence upon the child, constitute grounds for a modification of custody.
In recent years, "joint custody" (ortak velayet) decisions are also rendered in the precedent of the Court of Cassation (Yargıtay), provided that the parties agree and it serves the best interest of the child.
The right to manage the assets of the minor child belongs to the custodial parent; however, this management right cannot be abused.
Upon the death of one of the parents, custody automatically transfers to the surviving parent.
The custodial parent executes legal transactions and can file lawsuits on behalf of the child to protect the child's rights.
Since custody rights pertain to public order, agreements made between the mother and father are not legally valid unless approved by the judge.

Matters Regarding Alimony and Child Support (Nafaka)

Alimony/Child support is a financial obligation imposed on one spouse to support the other spouse who will fall into financial distress during or after the divorce, or to contribute to the expenses of the children.
When a divorce lawsuit is filed, the judge may ex officio (re'sen) rule on temporary alimony/maintenance (tedbir nafakası) to remain effective for the duration of the litigation.
The type of financial support paid for the child after the divorce decree becomes final is called "child support" (iştirak nafakası).
Child support is paid so that the non-custodial parent contributes to the education, healthcare, housing, and sustenance expenses of the child in proportion to their financial capability.
Child support continues until the child reaches majority (18 years of age); however, if the child continues their education, this support may extend under the name of "education/maintenance allowance" (yardım nafakası).
The party who will fall into poverty due to divorce may request "poverty alimony" (yoksulluk nafakası) from the other party, provided that their fault is not weightier than the other's.
As a rule, poverty alimony is granted for an indefinite duration; however, it can be terminated, decreased, or modified according to changes in the financial status of the parties.
To determine the amount of alimony, the social and economic statuses of the parties (SED report) are comprehensively investigated by the court.
If the income of the alimony debtor increases or the value of money depreciates against inflation, a lawsuit for the increase of alimony can be filed.
Poverty alimony automatically terminates upon the remarriage of the alimony creditor or the death of either party.
If the alimony creditor de facto lives with someone else as husband and wife without getting married, or if their state of poverty ceases to exist, the alimony can be terminated by a court decree.
Under Turkish law, an alimony obligation—even if symbolic—can be imposed even on individuals who earn the minimum wage or have no income at all.
If the court-ordered alimony is not paid, the creditor party can initiate enforcement proceedings (icra takibi) to place an attachment on the debtor's salary or assets.
Upon complaint, a disciplinary imprisonment of up to 3 months (tazyik hapsi) applies to a person who intentionally fails to pay their alimony debt despite enforcement proceedings.
Demands for alimony and custody can be requested together with the main divorce lawsuit, or they can be pursued as an independent lawsuit after the divorce proceedings are completed.