Hi... I'm wondering what the legal rights are in NYS when the husband is the name on the Birth Certificate but is not the Biological Father... If the mother does not want it known that he is not the biological father and the bio father doesn't want any rights can she legally deny him his rights if they were to get divorced? What are the rights that a Legal Father has in a case such as this where the bio father wants nothing to do with any of it but she wants to use the children (2 and 1 on the way eldest is his) to keep him in the marriage. In NYS does being the Legal father mean anything? Does the Legal father have any real rights if not the Biological dad? He's cared for the 1 child since day 1 even knowing it wasn't his and now she's Pregnant with another baby that is again not his, but he is willing to claim as his, although I do not know where this Bio-dad stands on his rights.

In many states the fact that they are married makes him the presumed father and he has all the rights like a normal bio dad would. If they should dicorce then he has the same rights as always. He can petition for visitation etc and he will also end up paying support if he has less time then her.