{"id":620,"date":"2026-10-09T10:00:00","date_gmt":"2026-10-09T07:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/?p=620"},"modified":"2026-10-09T22:58:34","modified_gmt":"2026-10-09T19:58:34","slug":"action-change-custody","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/velayetin-degistirilmesi-davasi\/","title":{"rendered":"Action for Change of Custody: Conditions, Procedure and Court with Jurisdiction"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>An action for change of custody<\/strong>, that is, an action brought to take custody away from the parent initially designated as having custody and to grant it to the other parent, is examined in this article. In divorce proceedings, the question of who will have\/retain custody of the children of the marriage is important. Just as a custody decision may be given in the <a href=\"https:\/\/utuhukuk.com\/en\/contested-divorce-case\/\">divorce action<\/a> heard by the Family Judge, the question of changing custody may also arise later on. This is because a custody decision given by the Family Judge may subsequently be changed, having regard to the principle of the best interests of the child, if circumstances change. The aim is to protect the child and determine what is best for them not only at the time the decision is given but also at times when circumstances and situations change.<\/p>\n<p>In this article, we explain the conditions required in actions for the modification of custody and the course of the proceedings.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>Modification of custody means that custody is taken from the parent to whom it was originally granted and given to the other parent; Article 183 of the Turkish Civil Code governs changes in circumstances.<\/li>\n<li>The fundamental principle of the action is the best interests of the child; on this ground, what is required is that the child\u2019s needs are not met as a result of neglect, and a difference in financial means alone is not sufficient.<\/li>\n<li>The custodial parent\u2019s remarriage or relocation is not sufficient in itself; it must adversely affect the child\u2019s development.<\/li>\n<li>Where the custodial parent dies after the divorce, custody does not automatically pass to the other parent; the court decides having regard to the best interests of the child.<\/li>\n<li>The action is subject to the simple procedure and is not subject to the judicial recess; the court with subject-matter jurisdiction is the Family Court.<\/li>\n<\/ul>\n<\/aside>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#velayetin-degistirilmesi-nedir\">What is an action for change of custody?<\/a><\/li>\n<li><a href=\"#velayet-degisikligi-sartlari\">Conditions for modification of custody<\/a><\/li>\n<li><a href=\"#cocugun-ustun-yarari\">Harm to the best interests of the child<\/a><\/li>\n<li><a href=\"#evlenme-tasinma-olum\">Remarriage, relocation and death<\/a><\/li>\n<li><a href=\"#yargilama-usulu\">Procedure and the judicial recess<\/a><\/li>\n<li><a href=\"#sosyal-inceleme\">Social investigation report and hearing the child<\/a><\/li>\n<li><a href=\"#gorevli-yetkili-mahkeme\">Competent court and venue<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"velayetin-degistirilmesi-nedir\">\n<h2>What Is an Action for Modification of Custody?<\/h2>\n<p class=\"pm-tanim\"><strong>Custody is a concept that refers to the rights and obligations of parents over minor children in matters such as care, education, health and protection.<\/p>\n<p>The Turkish Civil Code&#8217;s Article 335 defines it as follows:<\/p>\n<blockquote class=\"pm-kanun\">\n<p>&#8220;A child who is not of full age is under the custody of his or her mother and father.&#8221;<\/p>\n<p><cite>Turkish Civil Code, Art. 335<\/cite>\n<\/p><\/blockquote>\n<p>While the parents\u2019 marriage continues, custody is exercised jointly; where the parties separate or divorce, custody may be granted to one of the spouses.<\/p>\n<p class=\"pm-tanim\"><strong>Modification of custody<\/strong> means that custody is taken from the parent to whom it was originally granted and given to the other parent.<\/p>\n<\/section>\n<section id=\"velayet-degisikligi-sartlari\">\n<h2>What Are the Conditions for Modification of Custody?<\/h2>\n<p>The Turkish Civil Code&#8217;s Article 183, entitled &#8220;Change in circumstances&#8221;, provides:<\/p>\n<blockquote class=\"pm-kanun\">\n<p>&#8220;Where new facts such as the mother or father marrying another person, moving to another place or dying so require, the judge shall take the necessary measures on the judge&#8217;s own initiative or upon the request of either the mother or the father. &#8221;<\/p>\n<p><cite>Turkish Civil Code, Art. 183<\/cite>\n<\/p><\/blockquote>\n<p>Within the framework of this provision and the principle of the best interests of the child, the main grounds for modification of custody are as follows:<\/p>\n<ol class=\"pm-sirali\">\n<li>Harm to the best interests of the child<\/li>\n<li>Remarriage of the parent<\/li>\n<li>Relocation of the parent<\/li>\n<li>Death of the parent<\/li>\n<\/ol>\n<\/section>\n<section id=\"cocugun-ustun-yarari\">\n<h2>Harm to the Best Interests of the Child<\/h2>\n<p>It should be borne in mind that the most fundamental principle in an action for modification of custody is the &#8220;Principle of the Best Interests of the Child&#8221;. In these actions, one of the most important grounds for modifying custody is harm to the best interests of the child. If the child\u2019s care, education, development and other needs are not adequately provided for by the custodial parent, modification of custody may arise. It should be emphasised that the word used here is not &#8220;cannot be provided&#8221; but &#8220;are not provided&#8221;. This is because what must be present here is, in a sense, a situation in which the child\u2019s basic needs are not met as a result of neglect. Otherwise, if what is necessary is being done to meet the child\u2019s needs, modification of custody will not arise. In this respect, financial difficulties often emerge as one of the most fundamental questions.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">\u201cCannot be provided\u201d \u00b7 inadequacy<\/p>\n<p>If what is necessary is being done, modification of custody does not arise.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">\u201cAre not provided\u201d \u00b7 neglect<\/p>\n<p>What is required is that the child\u2019s basic needs are not met as a result of neglect.<\/p>\n<\/div>\n<\/div>\n<p>The Family Court judge does not leave custody to the parent with better financial means and a higher standard of living merely on that basis. On the contrary, the Family Court judge carries out the necessary inquiries as to the environment in which the child will grow up more safely and peacefully and which parent will better provide for the child\u2019s care and maintenance, and, after deciding in accordance with the best interests of the child that one parent shall have custody, where necessary, by making the other parent <a href=\"https:\/\/utuhukuk.com\/en\/alimony-types-in-divorce\/\">liable for maintenance<\/a> , creates the conditions required for the child to grow up safely in the most suitable environment.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Dikkat<\/p>\n<p>Therefore, in this context, modification of custody essentially requires not that the child\u2019s care and needs cannot be met (inadequacy), but that they are not met as a result of neglect.<\/p>\n<\/div>\n<p>Adjustment of the amount of maintenance to subsequently changed circumstances <a href=\"https:\/\/utuhukuk.com\/en\/action-increase-alimony\/\">action for increase of alimony<\/a> in our article.<\/p>\n<\/section>\n<section id=\"evlenme-tasinma-olum\">\n<h2>Remarriage, Relocation and Death of the Parent<\/h2>\n<h3>Remarriage of the parent<\/h3>\n<p>Modification of custody may arise where the custodial parent remarries. However, it should be noted that remarriage in itself is not a direct ground for modifying custody. Modification of custody may arise where the new marriage adversely affects the child\u2019s psychological development (for example, where the stepmother or stepfather treats the child badly).<\/p>\n<h3>Relocation of the parent<\/h3>\n<p>Where the parent moves to another place, the child will also relocate with the custodial parent, so there may be a possibility that such relocation adversely affects the child\u2019s development. Since the aim is that the child\u2019s safe environment is not disrupted, the parent\u2019s moving to another place has also been regarded as one of the grounds for modification of custody.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Relocation alone is not sufficient<\/p>\n<p>Here, too, it is worth reiterating that a mere change of residence will not in itself be sufficient for a direct modification of custody. The relocation must adversely affect the child\u2019s psychological development, education and social life.<\/p>\n<\/div>\n<p>For example, modification of custody may arise in situations such as moving to a city with a worse standard of living than the child currently enjoys, taking the child to a country whose language the child does not know at all, or settling in a district with no school so that the child\u2019s education is interrupted.<\/p>\n<h3>Death of the parent<\/h3>\n<p>Where the parent to whom custody was granted by the divorce judgment dies, the court makes the most appropriate decision for the child having regard to the child\u2019s best interests. In this case, custody does not automatically pass to the other parent. Matters such as whether the other parent is able to provide for the child\u2019s care and maintenance will be taken into account by the court.<\/p>\n<\/section>\n<section id=\"yargilama-usulu\">\n<h2>Procedure in an Action for Modification of Custody<\/h2>\n<p>Since the aim in actions for modification of custody is to conclude the proceedings quickly and effectively, these actions are subject to the simple procedure. For this reason, the exchange of pleadings and the hearings are concluded in a shorter time than in other proceedings, and the case progresses quickly.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Judicial recess<\/p>\n<p>Likewise, and precisely for this reason, it is one of the matters that must be heard <a >during the judicial recess<\/a> and is not subject to the judicial recess.<\/p>\n<\/div>\n<\/section>\n<section id=\"sosyal-inceleme\">\n<h2>Social Investigation Report and Hearing the Child<\/h2>\n<p>In an action for modification of custody, the Family Judge may hear the child if the child has reached the age of discernment. An expert is present at the hearing at which the child is heard. The expert should observe the child before the hearing and assess the child\u2019s state of anxiety. Where necessary, the expert may make the requests required for the parties (the parents) to be removed from the courtroom so that the child does not feel under pressure and can be heard in a comfortable environment. Unless there are circumstances to the contrary, the Family Judge may find this request appropriate and decide that the parties (the parents) be taken out of the courtroom and the child be heard in the courtroom together with the expert.<\/p>\n<ol class=\"pm-adimlar\">\n<li><strong>Expert observation<\/strong><span>The expert observes the child before the hearing and assesses the child\u2019s state of anxiety.<\/span><\/li>\n<li><strong>The expert\u2019s request<\/strong><span>Where necessary, the expert requests that the parents be removed from the courtroom.<\/span><\/li>\n<li><strong>Hearing the child<\/strong><span>The Family Judge may hear a child who has reached the age of discernment, accompanied by an expert.<\/span><\/li>\n<\/ol>\n<p>Furthermore, the Family Judge may order a Social Investigation Report to be prepared so that each parent\u2019s environment with the child can be observed and detailed inquiries made as to the environment in which the child can live better and more comfortably.<\/p>\n<figure class=\"pm-gorsel\">\n<img src=\"https:\/\/utuhukuk.com\/wp-content\/uploads\/2026\/10\/velayet-degisikligi-sartlari-velayetin-degistirilmesi-davasi.jpg\" alt=\"Infographic on the action for modification of custody: the conditions for modification of custody are harm to the best interests of the child through neglect, remarriage and relocation adversely affecting the child, and the death of the custodial parent; the action is heard by the Family Court under the simple procedure and is not subject to the judicial recess\" width=\"1600\" height=\"1000\" loading=\"lazy\" decoding=\"async\"><figcaption>Conditions and procedure in an action for modification of custody (Turkish Civil Code, Art. 183).<\/figcaption><\/figure>\n<\/section>\n<section id=\"gorevli-yetkili-mahkeme\">\n<h2>The Competent Court and Venue in an Action for Modification of Custody<\/h2>\n<h3>Competent court<\/h3>\n<p>The court with subject-matter jurisdiction in an action for modification of custody is the Family Court. In places where there is no Family Court, the Civil Court of First Instance hears these proceedings in its capacity as a Family Court.<\/p>\n<h3>Yetkili mahkeme<\/h3>\n<p>An action for modification of custody is legally regarded as a matter of non-contentious jurisdiction. For non-contentious matters, the court of the place where the applicant or one of the interested parties resides has venue. Accordingly, an action for modification of custody may be brought at the defendant\u2019s domicile or at the place where the claimant resides.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Competent court<\/p>\n<p>Family Court; where there is none, the Civil Court of First Instance acting as a Family Court.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Yetkili mahkeme<\/p>\n<p>The court of the defendant\u2019s domicile or of the place where the claimant resides.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-divorce-lawyer\/\">Divorce Lawyer in Ankara<\/a> \u2014 uncontested and contested divorce, custody, maintenance and division of property<\/p>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-child-custody-lawyer\/\">Custody Lawyer in Ankara<\/a> \u2014 custody actions, change of custody and personal relations<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=4721&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Turkish Civil Code No. 4721<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Action for Modification of Custody: Frequently Asked Questions<\/h2>\n<details open>\n<summary>What is an action for change of custody?<\/summary>\n<div>\n<p>Change of custody means taking custody away from the parent initially designated and granting it to the other parent. A custody decision given by the Family Judge may subsequently be changed, having regard to the principle of the best interests of the child, if circumstances change.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What are the conditions for a change of custody?<\/summary>\n<div>\n<p>Article 183 of the Turkish Civil Code lists new facts such as the mother or father marrying someone else, moving elsewhere or dying. In addition to these, one of the most important grounds is harm to the best interests of the child; if the parent with custody does not adequately provide for the child\u2019s care, education, development and other needs, a change of custody may arise.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can the parent in a better financial position obtain custody?<\/summary>\n<div>\n<p>The Family Court Judge does not award custody to a parent merely because that parent has greater financial means and a higher standard of living. The judge investigates in which environment the child will grow up more safely and peacefully and which parent will better provide for the child\u2019s care and maintenance; where necessary, the other parent becomes liable to pay maintenance.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Does the remarriage of the parent with custody change custody?<\/summary>\n<div>\n<p>Remarriage in itself is not directly a ground for changing custody. Where the new marriage adversely affects the child\u2019s psychological development (for example, where the stepmother or stepfather mistreats the child, etc.), a change of custody may come into question.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Who obtains custody if the custodial parent dies after divorce?<\/summary>\n<div>\n<p>Where the parent awarded custody by the divorce judgment dies, the court decides in the most appropriate manner for the child, having regard to the best interests of the child. In this case, custody does not automatically pass to the other parent.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Is the child heard in a custody action?<\/summary>\n<div>\n<p>The Family Judge may hear the child if the child has reached the age of discernment. An expert is present at the hearing at which the child is heard; where necessary, the expert may request that the mother and father be removed from the courtroom. The judge may also order the preparation of a Social Investigation Report.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Is an action for change of custody heard during the judicial recess?<\/summary>\n<div>\n<p>Yes. Actions for change of custody are subject to the simple procedure and are among the matters that must be heard during the judicial recess; they are not subject to the judicial recess.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which court has jurisdiction over an action for change of custody?<\/summary>\n<div>\n<p>The competent court is the Family Court; where there is no Family Court, the Civil Court of First Instance hears the case in its capacity as a Family Court. An action for change of custody may be brought at the defendant\u2019s place of domicile or at the place where the claimant resides.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about modification of custody?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we act as counsel for parties in actions for modification of custody and provide professional advisory and legal services to ensure that the process is conducted in accordance with the principle of the best interests of the child.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"Aile Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"For example: After the divorce, custody was granted to the other parent; as circumstances have changed, I would like to find out whether I can request modification of custody.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>It has been providing legal and advisory services in Ankara since 2016 across many practice areas, particularly family law. <a href=\"https:\/\/utuhukuk.com\/en\/family-law\/\">Our family law practice \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>When can an action for change of custody be brought? The child's best interests, remarriage, relocation, hearing the child and the competent court.<\/p>","protected":false},"author":1,"featured_media":753,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-620","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-aile-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/620","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=620"}],"version-history":[{"count":5,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/620\/revisions"}],"predecessor-version":[{"id":817,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/620\/revisions\/817"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/753"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}