In Jordan, child custody is carefully regulated under the Jordanian Personal Status Law to ensure that children receive proper care, protection, and guidance. The law not only sets the duration of custody but also clearly defines who is entitled to custody, always prioritizing the best interests of the child.
Duration of Custody
According to Article 173 of the Jordanian Personal Status Law:
- Mother’s custody: The mother retains custody until the child reaches 15 years of age.
- Custody by others: If custody is granted to someone other than the mother, it continues until the child reaches 10 years of age.
- Child’s choice: Once the child reaches the age specified in the law, they may choose to remain with the mother until reaching adulthood.
- Extended custody for illness: If the child is sick and cannot be cared for without the presence of women, custody may be extended to ensure proper care, unless otherwise required by the child’s best interest.
Order of Custody Rights
The law also specifies the hierarchy of individuals entitled to custody if the mother is unavailable or loses her custody rights:
- The Mother – She is the primary custodian both during the marriage and after divorce.
- Maternal Grandmother – Custody passes to the mother’s mother if the mother is unavailable or loses her rights.
- Paternal Grandmother – If the maternal line is unavailable, the father’s mother may be granted custody.
- The Father – Custody comes after the women in the line of succession.
- Other Eligible Relatives – The court may decide among other relatives based on who can best serve the child’s welfare.
Why This Matters
By clearly defining custody rights, the law protects the child’s physical, emotional, and social well-being while ensuring fairness between parents and family members. Courts always consider the child’s best interests when assigning custody, and the legal framework ensures that the child grows up in a safe, supportive environment