After a divorce (or the separation of a couple), the paramount concern is the child's best interest. The Moroccan Family Code (Book III) codifies the rules of legal custody (Hadana): custody aims to "protect the child from anything that could be harmful, educate them, and look after their interests." The person with custody must do everything possible to ensure the child's safety and physical and psychological well-being.
Awarding Custody
As long as the spouses are married, custody belongs jointly to the father and mother (Article 164). When the marital bond is broken (divorce, death, separation), the Family Code establishes an order of priority: "Custody is entrusted first to the mother, then to the father, and then to the child's maternal grandmother." In practice, the mother, if capable, is legally granted primary custody of minor children. If the mother dies, is unable to exercise custody, or if both parents are absent, close relatives (starting with the maternal grandmother) may be granted custody by court decision. The judge then ensures the child's best interests are protected (decent housing, schooling, alimony, etc.).
Duration of Custody
Custody of minors continues until they reach the age of majority (18 years). In practice, a child who reaches the age of 15 can choose which parent will have custody. This choice must respect the child's best interest and have the legal representative's approval. If agreement cannot be reached, the judge will decide based on the minor's best interest.
Guardian's Obligations
The parent with custody of a child must oversee their education, health, and schooling. In particular, the parent in charge of custody must "carefully look after the education and academic guidance of the child under custody." The child cannot be separated from the custodian's home until the debtor parent's obligations (housing, support payments) as ordered by the court are fulfilled. Custody-related expenses (housing, miscellaneous costs) are generally borne by the parent providing for the child, without prejudice to their right to later claim due alimony.
In summary, in Morocco, a divorced mother generally retains custody of her minor children by default, but the father remains bound by his duty of support (residence, alimony). The family judge can revise custody and visitation arrangements if the child's interest requires it, especially in case of changed circumstances (remarriage, relocation, etc.). It is advisable to formalize a judicial custody decision to ensure legal security for the child and parents.
To better understand the general framework of family law and other legal aspects, refer to our guide on Navigating Personal Legal Matters in Morocco: A Guide.