Jordanian Personal Status Law No. 15 of 2019

Chapter Three: Custody, Adoption, and Visitation

Article (170): The relative mother has more right to the custody and upbringing of her child during the marriage and after separation. Then, after the mother, the right is transferred to her mother, then to the father’s mother, then to the father. Then, the court may decide, based on the evidence it has in favor of caring for the child in custody, to assign custody to one of the relatives who is most qualified.

Article (171):

1. The person entitled to custody must be an adult, sane, free from serious contagious diseases, trustworthy with the child, capable of raising him and protecting him in terms of religion, morals and health. He must not neglect the child due to being busy with him, must not let him live in the home of someone who hates him or who would harm him, and must not be an apostate.
2. Taking into account what is stated in Paragraph (A) of this Article, the person entitled to custody, if a woman, must not be married to someone who is not a mahram to the child.
3. The custodian must be a mahram relative of the child in custody if the gender is different.

Article (172): The right to custody shall be forfeited in the following two cases:

1. If one of the conditions required for the person entitled to custody is missing.
2. If the new custodian resides with the person whose custody was revoked due to his behavior, apostasy, or infection with a serious contagious disease.

Article (173):

1. The mother’s custody continues until the child reaches fifteen years of age, and for someone other than the mother until the child reaches ten years of age.
2. The right to choose the child in custody after reaching the age specified in Paragraph (A) of this Article is given to remain in the custody of the custodial mother until the child in custody reaches the age of majority.
3. Women’s custody extends if the child is ill with an illness that requires women’s care, unless his interest requires otherwise.

Article (174): The right of custody shall be restored if the reason for its loss is removed, unless the interest of the child in custody requires otherwise.

Article (175): The travel of the guardian or custodian with the child in custody to a country within the Kingdom does not affect his right to keep the child in custody unless this travel has an impact on the preponderance of the interest of the child in custody. If it is proven that the travel has an impact on the interest of the child in custody, his travel is prohibited and his custody is temporarily transferred to the next person with the right of custody.

Article (176): If the child in custody holds Jordanian citizenship, his custodian may not reside with him outside the Kingdom or travel with him outside the Kingdom for the purpose of residency except with the approval of the guardian and after verifying that the child’s best interests are secured.

Article (177):

1. If the travel with the child outside the Kingdom is for a temporary, legitimate purpose and the guardian does not agree to the travel, the judge may permit the custodian to travel with the child after ensuring that the child’s best interests are secured, stating the duration of the visit, and obtaining sufficient guarantees for the child’s return after the visit ends, provided that it includes providing a guarantee from a relative up to the fourth degree. The guarantor shall be prepared to be imprisoned until the custodian agrees to the child’s return, while preventing the guarantor from traveling until the child returns to the Kingdom.
2. If the custodial father wishes to reside with the child outside the Kingdom and the person entitled to custody refuses to do so or loses her right to custody for any reason, the father may travel with the child and reside with him in accordance with the provisions of Paragraph (B) of Article (181) of this Law and after providing the guarantees approved by the court.

Article (223): Taking into account Article (14) of this law, the guardian of the minor is his father, then his father’s guardian, then his paternal grandfather, then the grandfather’s guardian, then the court or the guardian appointed by the court.

Article (224):

1. The guardian must be sane, mature, trustworthy, and capable of fulfilling the requirements of guardianship.