In a world that is constantly changing and developing, society and family structure have also undergone changes. The adoption of concepts such as equality of men and women, rights of the child, and the adoption of national and international legal regulations on these issues have brought with it. The concept of custody has also undergone changes in this process. In the world of international law, with the idea that parents should have equal rights and obligations over the child after divorce, there has been joint custody in many countries after divorce and legal changes have been made to allow it. In the Turkish legal system, if the marriage ends with divorce, according to the 336/3 Article of the Turkish Civil Code it is said that the custody "belongs to the party to which the child is left". In the discipline it is disputable, whether the wording of the provision is clear or not and there is any legal gap in this provision or not. As a result of the adoption of the 7 numbered Protocol of the European Convention on Human Rights and considering the concept of the best interests of the child in the international texts to which we are a party, the issues have arisen whether it is possible to rule on joint custody or not. In particular, the Supreme Court's recent decisions on the possibility of co-custody in line with the need for such a legal arrangement has increased the debate on this issue has raised various opinions. National and international legislation examined whether such a change is needed in the text of the national law, if it is to be changed, whether this rule should be a home rule or an exception rule, the joint custody arrangements in Comparative Law and the models related to it were examined. |