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Does the Mother Lose Custody After She Remarries in Jordan?

Does mother lose custody if she remarries and what are the exceptions in Jordanian law

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, the rules regarding child custody are outlined in the Personal Status Law. According to Article 170 (المادة 170), the mother is primarily entitled to the custody of her child both during the marriage and after separation. However, if the mother remarries, the situation may change.

The law does not explicitly state the impact of the mother's remarriage on her custody rights, but typically, remarriage can be a factor considered by the court when determining the best interests of the child. The court may decide to transfer custody to another relative if it believes that the child's welfare would be better served.

Ultimately, the decision will depend on the specific circumstances of the case, and the court will consider various factors to ensure the child's best interests are prioritized. For an official consultation and advice tailored to a specific situation, it is recommended to consult a qualified lawyer.

Frequently Asked Questions

What if she marries a maḥram of the child?
Marriage to a maḥram of the child (like the child's paternal or maternal uncle) usually does not forfeit custody, as the environment remains safe for the child.
Does custody transfer immediately on the mother's remarriage?
No. Transfer is by court ruling on a claim from the father or grandmother, after confirming the child's best interest.
Does the mother lose visitation after custody is forfeited?
No. The mother's visitation and contact rights remain preserved even after custody passes to someone else.

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