Answer
Based on official Jordanian legal texts
Jordanian Personal Status Law requires the custodian, whether female or male, to meet legal conditions that protect the child’s welfare. Custody is not an absolute entitlement; it depends on the custodian’s suitability and ability to care for, raise, and protect the child.
Article 171 of the Jordanian Personal Status Law states that a person entitled to custody must be legally adult, of sound mind, free from serious contagious diseases, capable of raising and protecting the child religiously, morally, and physically, not neglectful due to being occupied, not harmful to the child, not placing the child in a home with people who hate or harm the child, and not apostate.
The same article also provides additional conditions depending on the custodian’s situation. If the custodian is a woman, she must not be married to a person who is not a mahram of the child. If the custodian and the child are of different sexes, the custodian must be a mahram relative of the child.
If an essential condition is breached, this may justify a request to revoke or transfer custody. However, custody is not removed automatically based on allegations. The issue must be proven before the court, and the court considers the child’s best interest before deciding.
The purpose of these conditions is to protect the child, not to punish either parent. The outcome may differ depending on the child’s age, health, living environment, and the custodian’s actual ability to provide care.