Answer
Based on official Jordanian legal texts
Jordanian Personal Status Law gives the child a right of choice after reaching a specific age, but that choice is not separate from the child’s welfare or the court’s supervision. The choice comes after the original custody period and must be understood in light of the child’s best interest and stability.
According to Article 173 of the Jordanian Personal Status Law, the mother’s custody continues until the child completes fifteen years of age, while custody by someone other than the mother continues until the child completes eleven years of age. After reaching the specified age, the child is given the choice to remain with the mother custodian until reaching legal majority.
This means the right of choice is connected to the statutory age and does not allow a young child to choose the custodian at any time. The choice should not be used to harm the child or as a tool in parental conflict; it must be consistent with the child’s best interest.
If there is a dispute, the judge may examine the circumstances of the choice and whether it serves the child’s welfare. The court may consider the child’s age, stability, relationship with the custodian, housing environment, education, and available care.
Therefore, the child does not freely choose the custodian from an early age. The choice arises only after the age set by law and remains subject to the child’s best interest and the safeguards considered by the court.
