My baby is 1 year old now. My husband has taken my son on as his own. He has been on his birth certificate since he was about 2 weeks. The biological pretty much kicked me to the curb when I was 2 months pregnant and now he thinks after doing this that he can come and be a part of my sons life after he has turned 1 year old. Come to find out he is in jail right now and will be for awhile. He plans to do a DNA test when he gets out. Does he have any rights to my son or is my husband got all the rights now?

That is really nice you have a husband now who has considered your son as his own.

However, because his name is on the birth certificate, does not make him the biological father. There can be only one of those, and that man is your ex.

Your ex has rights, as well as obligations to see his son and be in his life. You wouldn't want that taken away from you right? Of course I don't know all the circumstances, but as far as I know, should the biological dad wish to establish paternity as you say, and that is determined, then visitation will have to be established, legally, through the court.