Female Infidelity And The Paternal Role

The profession of family lawyer makes some people lose the naivety. Every day, they are amazed by the conflicts that they see, like novices in these matters...

Over the years, many divorces have occurred because of infidelity (either of the male or of the female). Infidelity means having a mistress while you are married and even with children. In some cases, the infidelity (of the man) occurs although there are no children resulting from the marriage during cohabitation, but the partner acknowledges that they have another child out of nowhere, a fact kept hidden until it is made public through a scandal, usually led by the loving mother of the child.

Here is another odd case: a married man with two children, one aged 4 and the other aged 2, comes to consult a lawyer for a divorce.

The lawyer said that they had already agreed that he would continue to live together until the sentence comes out and that he would then release a mortgage loan and buy half of the wife’s apartment, while she would live with her parents and kids, etc.

Let us continue with the other items in an inescapable divorce:

Tenure in favor of the mother if the children are under 5 years old. We must agree on visitation and alimony. What do you propose? Here comes the surprise: “Nothing! No visitation and no food! These guys are not my children. Look, I made some genetic studies, which prove that I am not the father...!”

He said he had always suspected it, but he only received the confirmation a year before. She did not know, but he knew. Now, she could call her lawyer and tell him.

According to him, she was meeting right now with a professional, he had the phone number and she knew he was there ... Also, he wanted her to change the name of the two children.

He spoke with the lawyer, "I conveyed what my client said", and of course he did not believe it, but pledged to immediately talk to his client, who had just left. You can imagine the scene of violence that should have arisen in the house that night, when both returned and she knew that the kids would definitely lose "a father" (even if not the biological one). None of that happened. Everything was smooth as if nothing serious had happened. She did not ask for food. He did not ask for visitation.

They filed for divorce and then he started an action to contest the paternity which may have caused him trouble. The worst was when he told his parents and when they found out they were not the grandparents. When it came to the boys, he did not want them. Both wanted to initiate a divorce as soon as possible. They did not explain anything to the kids for the moment.

If you change the facts in an immediate future, the children definitely lose contact with the one that used to be their parent in fact and legally. Also, the two can go on with their lives without stepping on each other’s toes. When it comes to the little ones and what happens to them when they know the truth or to the real father of the kids, this is another story. Once the court recognizes that the two children do not belong to the man, things will be a little bit different and they probably will be treated differently.

The only certainty we have is that the children are the mother’s. Nothing more.