03/30/2009 at 01:00 PM EDT
will face a judge in Malawi on Friday as part of her ongoing quest to adopt
Court registrar James Chigona told reporters that Justice Esme Chombo will consider whether to grant Madonna a temporary custody order to allow her to take 3-year-old Mercy James out of the country. Chinula tells PEOPLE that Madonna's split from her husband
, filmmaker Guy Ritchie, will not affect her chances to adopt Mercy. "Malawi laws do not say single parents cannot adopt," he said. "The courts assesses cases as they come."
Mercy's teenage mother, Mwandida Maunde, died at age 18 in 2006.
Meanwhile Madonna and her family have used the trip to help her son
, David Banda, explore his roots. In an emotional reunion, David met with his biological father, Yohane Banda.
"We spent three hours together. My son has grown too big," he told reporters. He also said that David looks very much like him, "but resembles more his half brother Dingiswayo."
Madonna briefly met Yohane and updated him of his son's schooling. "She is a sweet lady," said the 33-year-old peasant farmer of the singer.
Sources tell PEOPLE that Madonna is expected to take her children Lourdes, 12, Rocco, 8, and David, 3, to the Home of Hope orphanage in the border district of Mchinji for her adopted son's reunion with the orphanage where the singer found him in 2006. She also took her children's to David's ancestral village of Lipunga, where they visited Consol Homes, a school run on Kabalah teachings.
"I am impressed with what you are doing here," Madonna told the staff at the school.