The Material Mom continued her fight for the 3 year-old girl nicknamed “Mercy,” taking it to the highest court in Malawi as a man claiming to be the child’s father fights for custody of the girl.

Madge’s petition to adopt Chifundo James, whose first name means “mercy” in Chichewa, was denied because the superstar singer did not meet the 18-month residency requirement. This residency requirement was waived when she adopted David Banda because it was deemed the well-being of the child far outweighed the residency requirement fulfillment.

A man claiming to be the father of Chifundo has come forth – reportedly only after hearing through the media about Madonna’s intent to adopt the child. Chifundo has reportedly not been visited in the orphanage for the past three years by anyone claiming to be her parent. The girl’s mother died shortly after childbirth.

Essentially the fate of Chifundo and who will be awarded custody of her is in the hands of the court.