What Is the Order of Custody Priority in Jordan?

Jordanian Personal Status Law sets an order of priority for persons entitled to custody, beginning with those considered closest and most suitable to care for the child. However, the child’s best interest remains the central standard in any dispute. Custody does not pass to a later person in the order unless the previous person lacks the required conditions or there is a legal reason preventing continued custody.

Under Article 170 of the Jordanian Personal Status Law, the biological mother has priority in custody and upbringing of her child during marriage and after separation. After the mother comes 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 what serves the child’s welfare.

This order does not mean custody is granted automatically without review. Every person in the order must satisfy the legal custody conditions, such as the ability to care for the child, freedom from serious contagious illness, and avoiding harm to the child. If an essential condition is missing, custody may move to the next eligible person or to the person the court considers more suitable.

The court also considers more than family relationship. It looks at the child’s living environment, stability, safety, and the custodian’s actual ability to provide care and upbringing. For that reason, outcomes may differ from one case to another depending on the evidence and circumstances.

In general, the statutory order is the starting point, while the final decision in a dispute remains tied to the child’s best interest.