I have divorced my then wife since last year May...

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Article 169

The right to Child custody shall vest in the following order:

The mother

The father

Mothers of the father, starting with the closest;

Mothers of the mother, starting with the closest;

Grandfather, however remote, upwards;

Mothers of grandfather, starting with the closest;

Full sister,

Maternal half-sister,

Paternal half-sister,

Maternal aunts, starting with the closest;

Paternal aunts, starting with the closest;

Father's maternal aunts, starting with the closest;

 Father's paternal aunts,

Brothers' and sisters' daughters, uncles and paternal aunts' daughters, then daughters of father's paternal aunts.

If a competent custodian cannot be found from among the persons stated in the preceding paragraph, the right to Child custody shall move to the agnates according to their order as heirs; if no competent person among them can be found, the right shall move to the mahrams of the Child under custody, starting with the closest.

If a custodian from the mahrams of the Child or a married mahram, the Court shall have the option either to join the Child with an entitled person of a different sex or entrust it to an honest and a trustworthy woman.

If entitled custodians are equal in order, the one most suitable for Child custody and the most pious shall be preferred; if they are equal in fittingness and piety, the eldest shall be given preference.

The Judge may transfer the Child custody from a close entitled person to distant entitled person if conflict arises. The judge shall reserve the right to make the final decision that is in the best interest of the child.

Article 170

The Judge shall take into consideration the following when granting custody of the child:

1. The most pitiful for the child and the most able to raise the child.
2. The capacity and ability to provide good, safe and nurturing environment for the child that can protect him from wrongdoing.
3. The ability to provide the best medication and education for the child.
4. The ability to inculcate good mannerism to the child.
5. Other qualifications that may benefit the child.

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