Child custody after divorce.

Hello,

Under Jordanian Personal Status Law, the mother is the first and primary person entitled to child custody after a divorce, regardless of her religion. The fact that the father is Muslim and the mother is Christian does not affect her right to custody, as long as she meets the legal conditions and the children’s best interest is protected.

Custody rules in Jordan:

The mother has priority in caring for the children until they reach 15 years old.

After the age of 15, the child is given the right to choose whether to stay with the mother until reaching adulthood.

If the mother cannot take custody, the right moves to the maternal grandmother, then the paternal grandmother, and then the father.

Conditions for the mother to keep custody include:

Being able to care for the children and provide a safe environment.

Good behavior and stability.

Not being married to someone who is not a close relative to the children, unless the court finds no harm to the children.

Living in a stable residence that does not negatively affect the children.

Travel outside Jordan:
Since the children are Jordanian, the mother cannot move them outside the country for residence without the father’s approval or a court order. Travel for short, legitimate visits can be allowed by the court with proper guarantees.

I hope this helps clarify the legal situation for you. Please feel free to reach out if you need more detailed guidance.

Haya Rahhal 

Attorney at Law