Answer
Based on official Jordanian legal texts
Yes, custody can be reclaimed after it has been forfeited under Jordanian law; forfeiture is not necessarily permanent. Article 174 of the Personal Status Law expressly provides that the right of custody returns once the cause of its lapse is removed and the child's interest lies in its return.
This is understood in light of Article 172, which sets out the grounds for forfeiture — such as the failure of a custodian's condition under Article 171, or harm to the child; once that cause is removed (for example, the custodian recovers from illness or the source of harm ends), reinstating custody may be requested. It also connects to the order of those entitled in Article 170.
Reclaiming is not automatic; it requires a separate action before the Sharia Court and proof that circumstances have changed and the cause of forfeiture has ended. The court assesses the return in light of the child's best interest, not merely the wish of the person seeking it.
The court may therefore grant or refuse the request according to the facts and evidence established before it, and the assessment remains within its discretion.
This is a general explanation based on Jordanian Personal Status Law and does not replace advice from a qualified lawyer in a specific dispute.
