Custody in Jordanian Law

Child custody in Jordan is governed by two distinct bodies of law: substantive rules — who is entitled, age limits, conditions, and rights — come from the Jordanian Personal Status Law No. 15 of 2019. Procedure — filing, service, hearings, and enforcement — is governed by the Sharia Procedural Law No. 31 of 1959 and its amendments. For Muslims in Jordan, the Sharia Courts have exclusive jurisdiction over custody matters, and the judge applies the best-interest-of-the-child standard in every decision.

What custody (hadanah) means

Custody is the right to raise and care for the child physically, psychologically, and emotionally, by the person legally entitled, during the age range when the child needs direct and continuous care.

Order of priority

Priority begins with the mother, then her mother, then the father's mother, then the father, then other relatives in the legally specified order. This order applies as long as the entitled custodian meets the legal conditions; if not, custody passes to the next person in line.

Conditions for the custodian

A custodian must meet several conditions: legal majority, sound mind, trustworthiness, ability to raise the child, freedom from a serious contagious disease, absence of overt moral deviation, and a safe character around the child. The mother's marriage to a man who is not the child's maḥram can affect her custody right, as the court determines.

Custody age

The mother's custody continues until the legally set age. Once the child reaches that age, they are given the choice to remain with the custodian or move to the father, under defined conditions, always weighed against the child's best interest.

Right of visitation

The law preserves the right of the non-custodial parent (typically the father) to visit his children regularly. The court sets the visitation schedule and duration to serve the child's best interest, and visitation cannot be denied without legal cause.

Maintenance and custody fee

The father's child-support obligation continues despite the parents' separation, covering housing, food, clothing, education, and medical care. The custodial mother may also be entitled to a custody fee in cases the law specifies, in addition to a breastfeeding fee where applicable.

Relationship to divorce

Divorce does not automatically change who holds custody, but it activates the visitation schedule and the allocation of financial responsibilities. Every custody case is fact-specific. Speak to a qualified Jordanian family lawyer before taking any legal step.