Answer
Based on official Jordanian legal texts
Divorce does not, by itself, cause custody to be lost or automatically transferred from the mother to the father. Under Jordanian law, custody remains governed by the statutory order of entitlement, the custodian’s legal conditions, and the child’s best interest, whether the marriage is still ongoing or has ended by divorce.
Article 170 of the Jordanian Personal Status Law provides that the biological mother has priority in custody and upbringing of her child during marriage and after separation. This means that divorce does not cancel the mother’s priority if she meets the legal conditions and is capable of caring for the child.
After divorce, other child-related matters may arise, such as visitation, overnight stays, child support, education, and healthcare. These matters are connected to the child but are not the same as custody. The mother may hold custody, while the father remains responsible for child support and may have visitation or overnight rights according to the law or a court order.
However, if a legal reason affects the child’s welfare, such as the custodian losing an essential custody condition or the child being exposed to harm, custody may be challenged or transferred through the court. Divorce alone, or the existence of conflict between the parents, is not enough to revoke custody.
Therefore, the effect of divorce on custody must be assessed by looking at the child’s situation, the custodian’s suitability, and any proven harm. The general rule is that custody remains with the legally entitled person as long as the required conditions continue to exist.