Okay my husband had a few nights stand with a woman he met while on leave, prior to us, she wrote and told him she was pregnant but that was it she wanted nothing from him and that she was back together with her husband. They lived in Minnesota so the husband signed the birth certificate and is listed as the father. The biological mother's rights have been legally removed and so the child who is now 15 still lives with the man she has known as "dad" and he is remarried. They contacted my husband when the woman was going to adopt her but they refused to let us do a DNA test to prove paternity at the time. We have just in the last 6 months proven paternity of the child and have met her and we all get along well. My question is does my husband have any grounds legally for his daughter and what can we do without making a huge problem of this. We like the people and they are willing to let us have visitation but beyond that we have no legal claims to her! They still reside in Minnesota and we live in Kansas and she will be coming here for the summer.

He is the legal father of the child and it looks like he is beyond challenge for vacating it. Your husband being the bio father has no room to challenge since it is beyond the time limit.

https://www.revisor.mn.gov/statutes/?id=257.75

So the time has passed where your husband can challenge legal paternity. So any visitation they allow is voluntary.

There is no time limit in Mn. Another question is whether the BF has standing to bring paternity action.


257.55 PRESUMPTION OF PATERNITY.
Subdivision 1.Presumption.

A man is presumed to be the biological father of a child if:

(a) he and the child's biological mother are or have been married to each other and the child is born during the marriage

Subd. 2.Rebuttal.

A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.
257.66 JUDGMENT OR ORDER.
Subdivision 1.Determinative.

The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.


257.52 PARENT AND CHILD RELATIONSHIP DEFINED.

As used in sections 257.51 to 257.74, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.

The parent and child relationship between a child and:

(a) the biological mother may be established by proof of her having given birth to the child, or under sections 257.51 to 257.74 or 257.75;

(b) the biological father may be established under sections 257.51 to 257.74 or 257.75; or

(c) an adoptive parent may be established by proof of adoption.


257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT.
Subdivision 1.Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).

A child, the child's biological mother, or a man presumed to be the child's father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

(a) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

(b) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is brought within two years after the person bringing the action has reason to believe that the presumed father is not the father of the child, but in no event later than three years after the child's birth. However, if the presumed father was divorced from the child's mother and if, on or before the 280th day after the judgment and decree of divorce or dissolution became final, he did not know that the child was born during the marriage or within 280 days after the marriage was terminated, the action is not barred until one year after the child reaches the age of majority or one year after the presumed father knows or reasonably should have known of the birth of the child, whichever is earlier. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

My question is does my husband have any grounds legally for his daughter and what can we do without making a huge problem of this.

What does "a huge problem" mean?

There is no time limit in Mn. Another question is whether the BF has standing to bring paternity action.


257.55 PRESUMPTION OF PATERNITY.
Subdivision 1.Presumption.

A man is presumed to be the biological father of a child if:

(a) he and the child's biological mother are or have been married to each other and the child is born during the marriage

Subd. 2.Rebuttal.

A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.
257.66 JUDGMENT OR ORDER.
Subdivision 1.Determinative.

The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.


257.52 PARENT AND CHILD RELATIONSHIP DEFINED.

As used in sections 257.51 to 257.74, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED.

The parent and child relationship between a child and:

(a) the biological mother may be established by proof of her having given birth to the child, or under sections 257.51 to 257.74 or 257.75;

(b) the biological father may be established under sections 257.51 to 257.74 or 257.75; or

(c) an adoptive parent may be established by proof of adoption.


257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT.
Subdivision 1.Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).

A child, the child's biological mother, or a man presumed to be the child's father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

(a) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

(b) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is brought within two years after the person bringing the action has reason to believe that the presumed father is not the father of the child, but in no event later than three years after the child's birth. However, if the presumed father was divorced from the child's mother and if, on or before the 280th day after the judgment and decree of divorce or dissolution became final, he did not know that the child was born during the marriage or within 280 days after the marriage was terminated, the action is not barred until one year after the child reaches the age of majority or one year after the presumed father knows or reasonably should have known of the birth of the child, whichever is earlier. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.



Where is your information coming from as it seems to conflict with what I have been reading.

"(quote from source) Subd. 4.Action to vacate recognition.(a) An action to vacate a recognition of paternity may be brought by the mother, father, husband or former husband who executed a joinder, or the child. An action to vacate a recognition of parentage may be brought by the public authority. A mother, father, or husband or former husband who executed a joinder must bring the action within one year of the execution of the recognition or within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the man who executed the recognition is not the father of the child. (end quote)

https://www.revisor.mn.gov/statutes/?id=257.75

The source is the same:
https://www.revisor.mn.gov/statutes/?id=257
Or more correct
https://www.revisor.mn.gov/statutes/?id=257.57
257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT.
Subdivision 1.Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).

A child, the child's biological mother, or a man presumed to be the child's father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

(a) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or
You definitely misread 257.75

Subdivision 1.Recognition by parents.

The mother and father of a child born to a mother who was not married to the child's father nor to any other man when the child was conceived nor when the child was born may...
Subd. 1a.Joinder in recognition by husband.

A man who is a presumed father under section 257.55, subdivision 1, paragraph (a), may join in a recognition of parentage that recognizes that another man is the child's biological father.

Subd. 4.Action to vacate recognition.

(a) An action to vacate a recognition of paternity may be brought by the mother, father, husband or former husband who executed a joinder, or the child.

Thus 275.75 is applied if
1. The mother was not married
2. The legal father by presumption recognized that another man is the BF.and the BF acknowledged his paternity.


In Mn paternity acknowledgment is named "RECOGNITION OF PATERNITY "

WITSO v. OVERBY

627 N.W.2d 63 (2001)

No. C6-99-1618.

Supreme Court of Minnesota.
June 7, 2001.


"We conclude that a party alleging he is a child's father has standing to bring a paternity action under section 257.57, subdivision 2 to compel blood or genetic testing as provided in section 257.62, subdivision 1 even though he does not at the time the action is commenced possess blood or genetic tests that establish he is the child's presumed father under section 257.55, subdivision 1(f). Witso thus has standing to bring this paternity action."

we did not do a court ordered paternity test but used a reputable lab and had a 99.99% probability that my husband was the father. All these #'s leave me confused... will he have to go to court to have any legal changes made?

We don't want to have the child be a battle of wills nor a pawn to be used. Plus if she decided to come here on a permanent basis he is not on the birth certificate as we did the paternity test on our own with a reputable lab not court ordered.

I You do not have a dog in that fight. It is your husband's business.
II If a DNA test was not court ordered that test would not have big legal merits .
III I can see two scenarios in your case
1.Your husband files in Court for "Establishment of Father and child relationship"under Mn Parentage Act.
He must state in written that 16 years ago he had sexual encounters with the mother during the period in which the child was conceived ,the mother was an adulterer and her husband was a cuckold.
He must add as parties the mother and the presumed father.Then he may cite WITSO v. OVERBY
/We conclude that a party alleging he is a child's father has standing to bring a paternity action under section 257.57, subdivision 2 to compel blood or genetic testing as provided in section 257.62, subdivision 1 /

A/ If he prevails he will be declared as the child's legal father and the child will be removed immediately from her present home.

the child who is now 15 still lives with the man she has known as "dad"
B/ If the judge decides to apply Minn.Stat. § 257.55, subd. 2 /the court has to weigh the conflicting presumptions, and "the presumption which on the facts is founded on the weightier considerations of policy and logic controls."/,you will lose $20,000 and all rights to contact with the child.

2.The legal father and your husband may sign an agreement about visitation , etc.
It is allowed by MN Stat. 259.58

259.58 COMMUNICATION OR CONTACT AGREEMENTS.

Adoptive parents and a birth relative or foster parents may enter an agreement regarding communication with or contact between an adopted minor, adoptive parents, and a birth relative or foster parents under this section
For purposes of this section, "birth relative" means a parent, stepparent, grandparent, brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood, adoption, or marriage.
(3)(a) An agreement regarding communication with or contact between minor adoptees, adoptive parents, and a birth relative is not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this section.