Custody (hadana)
- Custody is granted first to the mother, then to the father, then to the maternal grandmother; the judge may depart from this order in the child's interest (Article 171).
- Custody ends when the child comes of age; at fifteen, the child may choose which parent will have custody (Article 166).
- A custodial mother who remarries may lose custody, subject to exceptions (child under seven, sick child, father not seeking custody).
- The non-custodial parent retains visitation rights organised by the judgment or by a court-approved agreement.
Maintenance (nafaqa)
- The father is responsible for the children's support: food, clothing, healthcare, schooling, housing; maintenance is set according to the paying parent's resources and the child's needs (Article 189 et seq.).
- A separate housing allowance is owed for the child in custody, as well as a custody fee when the custodian is not the mother still married to the father.
- Maintenance is due until the age of majority, or until 25 for a child pursuing studies, and without limit for a daughter until she marries or becomes self-supporting.
- The judgment setting maintenance is enforceable notwithstanding an appeal.
Revision and recovery
Maintenance can be revised if resources or needs change, in principle not before one year has passed. If payments are missed, the mother can apply to the court for enforcement (attachment of salary or bank accounts), file a complaint for family abandonment (Article 480 of the Criminal Code) and apply to the Family Mutual Aid Fund when the debtor is insolvent or cannot be found.
This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.