LivingTriple filiation: a judge grants a child the right...

Triple filiation: a judge grants a child the right to have two parents after the death of the mother: his biological father and his foster father

The issue of child custody is sometimes the subject of lawsuits and arguments, especially when it comes to reaching an agreement between two parties who think differently. However, whatever the reason, before a custody trial, what we should always do is put the children as a priority , ensuring their physical and emotional well-being.

An example of this is a very particular case that has moved social networks and recently went viral, in which a judge has granted a child the right to have two parents after the death of the mother: his biological father and his foster parent.

Triple descent: one mother and two fathers

According to what the Argentine Federal Attorney General Maximiliano Hairabedián reports on his Twitter account, and based on the case file, the mother contacted her former partner after a year of having lost contact with him, in order to tell him about the possibility that he was actually the father of the child, and not his current partner .

After carrying out the corresponding DNA tests, they discovered that the little boy was actually the son of the couple he had had just before his current relationship . Given this, the biological father replied that he wanted to take care of his son, but a few weeks later the mother died.

After her death, the biological father sued to be legally recognized as the father of the child and to annul the paternity of the other man, who had been with the mother during the pregnancy and had raised the child since birth.

However, upon reaching the time of the lawsuit, the foster parent asks that instead of annulling him as the child’s parent, he be recognized as having multiple parents so that the child would not be even more affected than he already was after the death of the child. mother.

In the event that P. was the biological son of Mr. P., he requests that he be granted recognition of multi-parenthood, protecting the affective bond he has with P. and the rest of the family group, ” it is explained in the file, after which a hearing was held with both parents.

During this, and after listening to the arguments of the foster father, the biological father comments that he knows the figure of triple filiation and that what he wants is for his son to be well, recognizing that the foster father is actually the only father who knows the child, and that although it will be difficult to consider how they will raise him between the two, he chooses to do what is best for the child .

After reaching this decision together, it was agreed that both share custody: the child will continue to live mainly with his foster father, while the biological father begins to integrate into the child’s life little by little, “adding affections”.

In addition to sharing details about the process, the Attorney General shares in his account a brief in plain language that the judge prepared for the boy , so that he can read it when he is older:

I am Ana María, the judge who recognized your right to have a mother and two fathers. I am writing to you because you have the right to be told what I decided and why I did it.

About your mother, who unfortunately is no longer with us, I want to leave you with the phrase that Albus Dumbledore said to little Harry Potter: “A love as powerful as the one your mother had for you is something that leaves marks. Not a scar, or any other visible sign… having been loved so deeply, even if that person who loved us is gone, provides protection that lasts forever.”

In addition to your mom, you have two dads. How can this be possible? Also for love. They both love you equally and are your parents. One of them is your biological, genetic dad. The other dad is the one who took care of you during your first years of life exclusively. The only thing I did was recognize the right you have to have two dads who raise you, take care of you. Because ultimately the only thing that matters is multiplying love.

I hope you are very happy and always proud of your mom and the dads that life gave you.

The reactions on social networks

In a matter of hours, the thread has gone viral on Twitter and, of course, the reactions and comments were immediate. Although there were a few who questioned the background of the child’s birth, most are comments applauding the decision of both parents, supported by a judge who always looked after the well-being of the child .

Personally, I conclude this article with an excerpt from the case file:

Rarely do you see, in the Family Courts, people with such emotional maturity, with tools to foster children, such as Messrs. P. and D., with the desire to resolve the conflict in a way that benefits the interest of P. They should have put aside pride, susceptibilities and look to P.’s future, which is the most important thing.

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