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 .
👶 Triple affiliation: a judge ordered the registration of a child as the son of his mother and of 2 parents: the biological one and the man who lived with the mother when he was born. The cohabitant scored him as his son. A year later the child’s mother died and the man found out that the father was another ⬇️
– Maxi Hairabedian (@MaxiHairabedian) April 21, 2022
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.
👉🏻 The biological father demanded filiation recognition. He said that he had a romantic relationship with the woman, they separated and after a year she told him that the child could be his. They did DNA and it came back positive. A few weeks later, the woman died.⬇️
– Maxi Hairabedian (@MaxiHairabedian) April 21, 2022
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.
👉🏻The foster father asked to share parenthood because his displacement as a parent would have a detrimental impact on the child’s personality, due to the aftermath of losing, first his mother and then his father.⬇️
– Maxi Hairabedian (@MaxiHairabedian) April 21, 2022
” 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 .
…”Okay, if it’s what’s best for him; too much sadness occurred with the death of the mother and that is why I want my son’s well-being and I don’t want him to become a trophy, because he is not”.⬇️
– Maxi Hairabedian (@MaxiHairabedian) April 21, 2022
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”.
👉🏻The 2 men agreed:✔️shared care, ✔️food;✔️main residence at the home of the “social-affective parent”; ✔️wide visiting regime; ✔️That the child keep the name and surname of birth and add the surname of the biological parent.⬇️
– Maxi Hairabedian (@MaxiHairabedian) April 21, 2022
👩🏻🎓 Reasons of the judge: ⬇️”The plural character of families was affirmed in the case Atala Riffo vs Chile, 2/24/2012, where the Inter-American Court made it clear that the American Convention does not have a closed concept of family, much less only a “traditional” model is protected⬇️
– Maxi Hairabedian (@MaxiHairabedian) April 21, 2022
✔️ How to displace that father who loved and cared for him during these two years of life?. ✔️ It’s the only one the child recognizes as a parent. ✔️Here it is not about displacing anyone, but about multiplying affections, in terms of human rights.⬇️
– Maxi Hairabedian (@MaxiHairabedian) April 21, 2022
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 .
I am shocked and in tears. What a beauty of failure. For more judges like her, and for more men who love their biological and foster children. I wish that child to be very happy, despite the loss of his mother.
Thanks for sharing this beautiful thread!— malena (@maalenaOK) April 21, 2022
I’m runny bad, how wonderful! “Multiply affections”, wonderful parents, fantastic judge, more like her. More like them.
— Magge Fromgood 🐶 (@MaggeDelbene) April 21, 2022
I read the entire thread, it honestly made me tear up, the heart of that judge and the maturity and love of both parents to reach an agreement for the well-being of the child makes us realize that a better world is possible when people are willing to do so ,thanks for sharing!
– Marcelo Rissotto (@RissottoMarcelo) April 21, 2022
That he failed movingly and that he takes another step to understand the concept of family, respectful towards others and in particular very empathetic with that minor who will surely have those words resonating in his soul. Sentences like this multiply. That the judges recover human gazes
– Justina (@Iusjustina) April 21, 2022
How gorgeous!! I am appointed in some courts as a defender of children and adolescents. I have seen as many children as trophies of a father and another that this sentence gives me the strength to continue defending the rights of children. Justice this time was fairer. Thanks for that
– Nadcastmi (@nadcastmi) April 21, 2022
Interesting bug. The judge, thinking of the best interests of the child, sets aside the traditional and closed concept of family, recognizing the different models that it can offer us in reality.
– Ricardo Lituma Muñoz (@RLZoonPolitikon) April 21, 2022
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. “
