Joint custody after divorse

Abstract

The concept of custody is an important legal principle that expresses the rights and responsibilities exercised jointly by parents during marital union. This principle emphasizes attention to the physical, emotional, and financial well-being of minors and the principle of the best interests of the child. According to the Turkish Civil Code, as a rule, minors are considered to be under the joint custody of their parents. However, in the event of the death of a spouse or divorce, the issue of custody is resolved by a legal arrangement or a court decision. Furthermore, custody is usually awarded to the mother if the parents are unmarried, although this may be subject to certain exceptions. Courts may appoint a guardian or award custody to the father to protect and support the child's physical, mental, and moral development. This ensures that the best interests of the child are safeguarded.

Joint custody refers to the joint exercise of the child's right to custody by the parents during the marital union. This concept aims to ensure that responsibilities for the child's care, education, and supervision are shared between the spouses. However, in the event of dissolution of marriage or separation, the issue of how custody will be organized is subject to a vague regulation; the court determines it. If custody is awarded to only one spouse, that spouse can make decisions unilaterally, while the other spouse only has the right to have personal contact with the child. However, if joint custody continues, the rights and responsibilities of the child are shared in the same way despite the dissolution of the marriage.

Custody and joint custody are intended to protect the child's physical, emotional, social, legal, financial, and moral development. They also provide for the representation and protection of children in a manner appropriate to their needs. Both concepts are based on the best interests of the child and are supported by legal regulations. Therefore, custody and joint custody constitute an important legal framework for children's healthy and safe upbringing.