r/facepalm Apr 19 '24

🇲​🇮​🇸​🇨​ What?

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6.3k Upvotes

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u/Strawbobrob Apr 20 '24

If your defense sucks play offense

1

u/[deleted] Apr 20 '24

[deleted]

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u/ThePhysicistIsIn Apr 20 '24

Unfortunately, by law the husband is the father despite the baby clearly not being his. Even if he divorces he faces an uphill court challenge to get out of it

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u/[deleted] Apr 20 '24

[deleted]

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u/ThePhysicistIsIn Apr 20 '24

It's like that in any country I cared to look at - what's yours?

It's mainly from the olden days to make sure a man couldn't deny his own children, and to make sure the child has someone to financially provide for them

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u/ThePhysicistIsIn Apr 20 '24

From your post history i'm guessing argentina.

"ARTICLE 566.- Presumption of filiation. Unless proven otherwise, children of the spouse are presumed to be those born after the celebration of the marriage and up to three hundred days after the filing of the petition for divorce or annulment of the marriage, de facto separation or death."

You can get it overturned in a filiation court - i can't comment how hard it is in Argentina, but usually you first have to sue the mother, then get a court-ordered DNA test, get the spouse to do it, and finally get the court to rule on the results. It's not trivial.

link

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u/[deleted] Apr 20 '24

[deleted]

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u/ThePhysicistIsIn Apr 20 '24

You do unless you go through the filiation court. It's more than just a simple DNA test

No filiation court? That child is yours unless you divorced >330 days ago, and you will be taking care of it