While my husband and I were broke up before we got back together and got married he was with a girl for 3 months. Well when he broke up with her she told him she was pregnant. Towards the end of the pregnancy she ask us if it was OK to put her B/F's name on the birth certificate because her b/f was in the military. We said it was OK because we had our own baby on the way, we were struggling money wise and she said that the baby would know that he had two daddy's. Well at first everything was good,but now she lives in another state. I asked her if we could take him for a little bit in the summer. She is acting like she doesn't want him to have anything to do with my husband. We know he is my husbands because he looks like just like him. We don't ignore him. My husband has talk to him on the phone and sent him gifts several times. What should we do?

DNA test.

XenoSapien

Well, now you have to prove that your husband is the father. By allowing a different name on the birth certificate, that person has the claim to that child unless you prove otherwise.

In the eyes of the court, your husband has no claim to that child at all. So, I agree with the post above - DNA test.

It may even be too late for that. In many states, the person who signs the because acknowledges paternity and is the legal father. Unless challeged within a statutory specified time, then that paternity is established. So its possible she may not allow a DNA test and be within her rights.

So I would consult an attorney on just what rights your husband does have at this point.