for the child who has not yet reached the age of discernment recognised by the Sacred Law.” End of quote.
Once the mother’s right to custody lapses, it passes to her mothers—the child’s maternal grandmothers—in order of closeness, because they stand in the mother’s place: they too have borne the child, and their affection for the ward is more complete than anyone else’s.
If the maternal grandmothers are unable, custody moves to the child’s father, for he is the source of lineage, the nearest relative after the mother, and the most compassionate of the remaining kin; therefore he is preferred over others.
Should the father’s right fall away, custody shifts to his mothers—the child’s paternal grandmothers—again according to proximity. They are linked through a close agnatic tie and are given precedence over the grandfather, because when all else is equal, the female line is favored, just as the mother was placed before the father.
If the paternal grandmothers cannot assume custody, it reverts to the paternal grandfather, beginning with the nearest then the next nearest, since he is in the position of the child’s father and therefore takes his place.
If the grandfather is unable, custody passes to the grandfathers’ mothers, the closer first, because they are connected through him and still possess the attribute of childbirth—the ward is literally a part of them.
After the grandfathers’ mothers, custody goes to the child’s sisters, for they are related through both parents or through one of them. The full sister (sharing both parents) is given priority, because her kinship is stronger.