According to the Turkish Civil Code, the custody of the child is carried out together by both parents during the continuation of the union of marriage. If the right of custody has not been terminated before the birth of the infant, the parents have the right from the moment of birth. In the case of death of a parent, the custody belongs to the surviving spouse. In the case of divorce, on the other hand, the child custody is awarded to one of the parents with the decision of the court. In accordance with the relevant articles of the United Nations Convention on the Rights of the Child, which is legally-binding on our domestic law, in all actions concerning children or matters directly related to children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, “the best interests of the child” shall be a primary consideration. That is the indicator of the fact that the principle that determines the right of the custody is “the best interests of the child” principle. When the article 336 of the Turkish Civil Code is analyzed, it is seen that the right of judgement on awarding of the child custody is vested in the judge. While the judge is ruling the divorce, considering the best interests of the child, the right of custody can be awarded to either one of the parents or both of them. In this context, various disagreements about awarding of the right of custody have been emerged in the doctrine. In this study, within the framework of the relevant articles of the United Nations Convention on the Rights of the Child and the disagreements in the doctrine, the common custody in the consequence of divorce has been studied.