My wife Moroccan me forgeiner adopted our son according Kafala ,When divorce where the Child stay , mother is mentaly Not stable

En Morocco
Última Actualización: Jan 28, 2026
Main goal get Full Guardian for my adopted son .
My wife has bipolar and can’t Look after our adopted son ,
Mentaly Not stable enough with her mood Swings .2 attemped of suicide , not taking tablets to get better .
Not working Full time not willing to any efforts with our son .me I Cook clean Look After him since at least one year .

Respuestas de Abogados

Law Firm Rafiq Ellaji

Law Firm Rafiq Ellaji

Jan 28, 2026

Under Moroccan law, the dissolution of a marriage between two Kafil spouses does not automatically terminate the Kafala; rather, the Judge in charge of Minors’ Affairs must issue a new order to determine which spouse will continue the guardianship. Given your wife’s mental health history, including bipolar disorder and suicide attempts, the court’s decision will hinge entirely on the "best interests of the child." You must be prepared for a mandatory judicial investigation where you can present evidence of her instability and your role as the primary caregiver to prove that granting her custody would pose a risk to the child's welfare.


To secure full guardianship, your strategy should focus on documenting her medical non-compliance and the domestic reality that you have been the sole provider of care for the past year. While the judge has the discretion to grant the mother visitation rights, your goal will be to demonstrate that legal and physical custody must remain with you to ensure the child’s safety and stability. Your attorney will navigate these proceedings by focusing on the specific requirements of the Moudawana and the Kafala framework to ensure the court prioritizes a stable environment for your son.

Best regards,

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