Abstract
The intricate nature of the rights and responsibilities that emerge in international private relations regarding personal status, along with the variations in these rights and concepts across different countries, have had a significant influence on the laws governing custody. This study has centred on important and essential issues that formed the basis of the research and a brief discussion that presented a fresh examination of the needs and regulations of custody in private international law. It takes into account recent advancements in international private relations, recognising that custody is primarily a social concept rather than a purely legal one. For this study, a secondary qualitative study was conducted, incorporating a legal approach. The data was gathered from various primary and secondary sources, and a descriptive analysis was performed. The findings of this study indicate that the primary focus of all legal research has been on matters related to personal status, such as custody. These issues are crucial for the functioning of societies and the well-being of individuals. Comparative legislation, including the legislatures of Jordan and Egypt, has shown interest in the topic of custody. However, these legislations did not establish a clear framework for determining the applicable law. As a result, the issue was left to be addressed by legal scholars and the judiciary, leading to disagreements among scholars and hesitation among judges when making rulings. The doctrinal conflict and judicial hesitancy in custody determinations arose from contrasting perspectives on adaptation, which is a fundamental aspect of custody law. Based on the analysis of legal precedents and court decisions, it has been determined that custody is equivalent to soul guardianship. As the head of the family, the father's nationality law applies, granting him the authority to regulate all family activities. Because parent-child dynamics differ from parent-parent dynamics. The current study has also highlighted significant implications, emphasising the need for strict laws and policies to safeguard the custody rights and requirements of children.