What Is Custody (Hadanah) in Jordanian Law and How Does It Differ from Guardianship?

Custody, or hadanah, under Jordanian Personal Status Law means the care, upbringing, protection, and daily supervision of the child in a way that serves the child’s best interest. It is not merely about where the child lives; it is about who is legally and practically suitable to care for the child.

Article 170 of the Jordanian Personal Status Law provides that the biological mother has priority in custody of her child and in raising the child during marriage and after separation. After the mother, custody passes to the maternal grandmother, then the paternal grandmother, then the father. The court may then assign custody to the most suitable relative based on the evidence and the child’s interest.

This means custody is primarily connected to the welfare of the child. If the custodian meets the legal conditions and can provide proper care, custody may remain with that person. If an essential custody condition is breached or the child’s welfare is at risk, custody may be transferred according to the law and the court’s assessment.

Custody should also be distinguished from guardianship. Custody focuses on daily care, upbringing, and physical and emotional protection. Guardianship may relate to legal or financial authority over the child, depending on the applicable legal rules. Therefore, the mother may have custody while certain guardianship matters remain with the legal guardian.

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