Does the Mother Have Guardianship Over the Child in Jordan?

In principle the mother is not a guardian under Jordanian law; she is a custodian. Article 223 of the Personal Status Law places the order of guardians over the minor in the father, then his trustee, then the true grandfather, then the court or whom it appoints, and does not include the mother in this natural order of guardianship over funds.

This, however, does not deprive the mother of a wider role where needed: Article 230 allows the court to appoint a trustee, and the mother may be chosen as trustee if she meets the trustee's conditions set out in Article 231, managing the minor's affairs and funds under the court's oversight. The mother keeps her custody under Article 170 and her right to daily care.

The distinction is thus clear: the mother is a custodian by default and may become a trustee by judicial appointment, while natural guardianship over funds belongs to the father and those after him in order.

Assessing whether to appoint the mother as trustee and whether her conditions are met remains within the Sharia Court's competence on the facts of each case.

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