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How Is Custody Arranged for a Sick or Special-Needs Child in Jordan?

How custody is arranged for a sick or special-needs child in Jordan, extension of custody, and special arrangements.

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

The Jordanian Personal Status Law takes account of a sick child or one with special needs in the provisions on the duration of custody. Article 173 provides that women's custody continues to a certain age, and then, in its paragraph (c), allows women's custody to extend where the child is ill with a condition that prevents him from doing without women's care, or as his interest requires — so custody does not end merely on his reaching the usual age if his actual need requires its continuation.

This is read with the custodian's conditions in Article 171, which require the capacity to raise and protect the child, so the child's health enters into assessing what serves his interest. His maintenance and treatment remain obligatory under Articles 187 and 192.

The custody of a sick or special-needs child may therefore continue beyond the usual statutory age where his actual need for it is established.

Assessing the continuation and duration of custody in this situation remains within the Sharia Court's competence according to the child's health and best interest, drawing on experts where needed.

This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.

Frequently Asked Questions

Does custody continue for life for a special-needs child?
Care may continue for life depending on the condition, even if not legally called custody. What matters is providing continuous care for the child.
Who is most fit for a sick child's custody?
Whoever has the actual capacity and skill for the condition. The judge balances financial means and care skill, not just the legal order.
Does maintenance increase for a special-needs child?
Yes. Maintenance includes treatment, assistive devices, rehabilitation, special education, and all needs. The father is obliged to all of this.

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Need legal help with custody matters? Learn about a child-custody lawyer in Jordan or book a consultation with Dr. Nadia Asaad.