Child custody is one of the most important issues for parents after divorce or separation, as it directly affects the child’s life and stability. In Jordanian law, the main goal of custody is to protect the child and ensure a safe and stable environment, not to give one parent an advantage over the other.
What is child custody?
Simply put, custody means taking care of the child and handling their daily needs, such as education, health, and general well-being, until they are able to take care of themselves.
Most importantly, Jordanian law treats custody as a right of the child first, not just a right of the parents.
Who has the right to custody?
Under Jordanian law, priority is usually given in the following order:
- The mother
- Then the maternal grandmother
- Then the paternal grandmother
- Then the father
This is because the mother is generally considered the most capable of caring for the child in the early years.
How long does custody last?
- The mother’s custody continues until the child reaches 15 years old
- After that, the child may choose which parent to live with
- If the child has special needs or health conditions, custody may be extended
What are the conditions for custody?
To be granted custody, a person must:
- Be mentally sound and capable of raising the child
- Be trustworthy and focused on the child’s best interests
- Provide a safe and stable environment
- Not expose the child to harm
In the case of a mother, the law also requires that she is not married to someone who is not a lawful guardian (non-mahram) to the child.
When can custody be lost?
Custody may be revoked in certain situations, such as:
- Neglecting the child
- Exposing the child to harm or danger
- Losing one of the required legal conditions
However, custody can be restored if the reason for losing it is removed, as long as it serves the child’s best interests.
The most important rule: The child’s best interest comes first
Jordanian law is very clear on this point:
All decisions related to custody are based on what is best for the child.
This means that even if a parent has a legal right, the court may deny it if it does not serve the child’s best interest