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As a parent, if you caught your SO cheating on you, you would probably also want to check if the kid is yours or not before divorce. Last thing you would want t
by busymom0 7y ago
As a parent, if you caught your SO cheating on you, you would probably also want to check if the kid is yours or not before divorce. Last thing you would want to have to do is paying child support for a kid which came from your SO cheating and not yours.
- seszett 7y ago> you would probably also want to check if the kid is yours or not before divorce Why? If you have doubts, then the DNA test will be ordered in the divorce proceedings.
- busymom0 7y agoIt's also a chicken egg problem though. Like maybe if you are suspicious and do the DNA test to find out that the kid is in fact yours, maybe you won't get divorced. I just think that the government should get out of people's private married lives.
- x220 7y agoIt raises the costs of paternity testing. Instead of privately, cheaply performing a test, you have to do it publicly and expensively. This de facto stops many men from performing tests, which is significant and not something you can just dismiss. Legal restrictions on consensual activity is not normal and needs a good justification for it. It's the norm to be free to do as you please as long as all parties involved consent. Maybe you want to figure out if the child is genetically yours before you initiate divorce.
- seszett 7y agoThe legal costs of a divorce are not very high in France (I should know) justice is quite different from the US. And a legal paternity test is 150€, which is cheaper than what most private labs offer. > consensual activity > all parties involved consent Well that's the crux of it, indeed. Most private testing is not done in a consensual way because that would require the assent of the child, which is likely minor, meaning it requires the assent of both its legal parents. If you have the assent of both the father and mother, it's easy (and free) to ask a court to allow the testing.
- porlune 7y agoI think it's a less obvious test when it's through the mail, as opposed to through a court, which could prevent a lot of undue stress on a child who isn't to blame for their parent's divorce.
- nraynaud 7y agoThat's not how French law works. The parental link is social, not genetic in the legal system;
- x220 7y agoI think this is a very fascinating legal idea. I wish more people seriously discussed it.
- nraynaud 7y agoOh, and child support ends at the end of education (ie university if they go there), not at 18.
- belorn 7y agoIts a very fascinating legal concept, through I very much doubt the french law function like that. It would be very interesting if we defined the concept of parents as being the adults with closest social link with the child. The idea of child support as being something imposed would then go away, as child support is generally only contested in the case when the adult have no social link with the child and thus no involvement beyond paying the bill. It would also make same-sex relations identical to other relations as the law would not care about which adults have closest social link with the child. Marriage vs Cohabitation would also be a area which the law could ignore, and the concept of society taking care of children in need would become natural as there will always be two adults that is the closest social link, even if some of those are paid by the state.
- x220 7y agoIt sounds to me like you think your plan would solve all problems with no additional costs or drawbacks for anyone involved.
- belorn 7y agoAll systems has cost so which one are you considering? The current system has a lot of costs and drawbacks. Using the marriage as the norm has caused a lot of issue here in Sweden and the system is currently being tweaked every year to account for a changing culture. 1/3 of couples with children live as cohabitation rather than registered/marriage. Family law has to keep up. Same-sex families with children is an other area which is growing and the law has seen updated several times the last 10 years. Rather than having laws getting tweaked and warped each year to account for a changing culture, maybe it is time to address it from a different perspective. If a child treat the adults around them as their parents, the adult treat the child as their child, and social environment around them treat the adults as the parents of the child, then why not also have the law treat them as the parents of the child? Outside of medicine does the DNA then really matter?
- hrktb 7y agoFrom the French law, if you are ready to raise a kid in your marriage, it shouldn't matter if it's your genetically or not. Sure people have a myriad of views on how family works, but that's the frame of law.
- carlmr 7y agoThe question here if you're also willing to raise it outside (or after) marriage if it came from cheating that you weren't aware of until the end of your marriage.
- hrktb 7y agoIt really comes down to personal views, and as anything it can be very complicated very fast. That's in my opinion the very reason divorce go through trial, as everyone has a different opinion on what the question is. For instance if you raised a kid for 15 years, divorce for unrelated reasons (ex: repetitive adultery), but take the opportunity to have paternity checked, are you less of a parent of this kid than his biological father ? I'd suppose there's a variety of answers depending on each one's walk of life.
- ElFitz 7y agoI believe that I wouldn't change your legal relationship and, therefore, duties. I'm not a big fan either, but that's how it is for now...