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How Is Child Custody After Divorce Determined in Jordan?

How Jordanian courts determine child custody after divorce and best interest of child

Based on official Jordanian law — Personal Status Law No. 15 of 2019
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  • Cites Personal Status Law No. 15 of 2019

Answer

Based on official Jordanian legal texts

In Jordan, child custody after divorce is governed by the Personal Status Law. According to Article 170 (المادة 170), the mother is primarily entitled to the custody and upbringing of her child during the marriage and after separation. If the mother is unable to take custody, the right then goes to the maternal grandmother, followed by the paternal grandmother, and then the father. Ultimately, the court may decide based on the best interests of the child, assigning custody to the most suitable relative.

Article 172 (المادة 172) outlines situations where the right to custody may be forfeited. This can occur if any of the required conditions for custody are not met, or if the new custodian lives with someone whose custody was revoked due to behavior, apostasy, or a serious contagious disease.

Additionally, Article 176 (المادة 176) specifies that if the child holds Jordanian nationality, the custodian cannot reside with the child outside of Jordan or travel with the child without the guardian's consent, ensuring the child's best interests are secured.

For financial aspects, Article 178 (المادة 178) states that the cost of custody is the responsibility of the person obligated to support the child financially. This cost is determined based on the custodian's needs and the financial capability of the person paying. The custodian is also entitled to housing expenses unless they or the child have a suitable residence.

For official legal advice, it is recommended to consult a qualified lawyer.

Frequently Asked Questions

Does divorce change who has custody?
Not automatically. The legal custody order continues regardless of divorce, unless the custodian's conditions fail.
When can the father obtain custody?
When the mother's custody lapses for a legal reason, when the child reaches the legal age and chooses the father, or when the mother's unfitness is proven.
How is visitation arranged after divorce?
By court ruling that sets the frequency, duration, and location. Parents can agree and register the agreement with the court.

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