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When Is Custody Forfeited in Jordanian Law and What Are the Grounds?

When custody is forfeited under Jordanian law, the judicial grounds, and the effect on the order of priority

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, according to Article 172 (المادة 172) of the Personal Status Law, a mother can lose custody in the following situations:

a) If one of the required conditions for custody is no longer met by the person entitled to custody.

b) If the new custodian lives with someone whose custody was revoked due to their behavior, apostasy, or contracting a serious contagious disease.

Additionally, Article 176 (المادة 176) states that if the child holds Jordanian nationality, the custodian cannot reside with the child outside the Kingdom or travel with the child without the guardian's consent for the purpose of residence, after ensuring the child's best interest.

For official advice, it is recommended to consult a lawyer.

Frequently Asked Questions

Does minor neglect alone forfeit custody?
No. A recurring pattern of neglect actually harming the child must be proven, with reports and witnesses.
Does the mother's remarriage always forfeit custody?
Not automatically. Only if the new husband is not the child's maḥram, with other conditions assessed by the judge.
Can custody be reclaimed after forfeiture?
Yes, once the cause is removed, through a separate claim at the Sharia Court.

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