My brother has been married 10 years, he has a 9 year old, and a 3 year old. He and his wife have had lots of problems. About a week ago she left her 9 year old with him and took the 3 year old after announcing she wasn't his. We found out a couple of days ago that she and the "real" father had a dna test done may 2007, test came back positive. My brother just found this out, we are devastated. The "real" father has known for at least a year, maybe the whole time, he's never wanted any rights. Now he claims to go and get an attorney for rights. What are my brothers rights, he has been with her since birth, he's all she knows as daddy. What do we do?

Its sad that the wife cheated produced a child and 3 years later tell him that she not his, how rudeless. This is heartbreaking to the family and especially him.

You might, well going need a lawyer but I 100% sure but in some states if a child is conceived during marriage, even out of wedlock, the child is still the husband and he is responible for that child and has the rights. Check the rules for your state regarding paternity rights with your family court.

I'm pretty sure that if the husband is named as the father on the birth certificate then he has all the rights and responsabilities for that child. I think it does depend on the state though.

I live in South Carolina, thanks for your encouragement. I have gotten a little bit of good news, a friend asked her attorney and he has said that my brother is the legal parent bcause he is on the BC and this other guy has known for at least a year if not longer and didn't do anything about it. That could really work against him, and the fact that she only knows my brother as daddy, and they have a 9 year old that a judge wouldn't want them to be split up. Parents are most likely divorcing. And she keeps leaving her with my brother, and the other guy has not served him with papers as of yet... Pray for us please. We don't want to lose her.

Especially if the biological father knew he was the father before and didn't do anything, I think he shouldn't have any rights!

Good luck with everything, I hope it works out for your brother.