I was married when I stepped out of our relationship and become pregnant. In the mean time I went back home to my husband and I had the baby. He was there for the birth and listed as the father on the birth certificate because at the time we were not sure if the child was my husbands or the man I was with. My husband had a DNA test done after our daughter was born and she was not a match. The biological father had seen her a few times and had a DNA test done and was a match to her. My daughter is 3 1/2 years old now and he wants to fight for custody. Does he have any rights? He has seen her off and on and fronted a few dollars towards her.

What State is this happening in as he may or may not have a right to challenge.

If you are in the US, it will depend completely upon what state you live in.

At this point the husband is the legal father, since he was on the birth certificate and you were married to him at the birth.

In some states the bio father will have no rights to do anything, in other states yes he can challenge it in court and ask for joint custody or at least visits.

ANY question on law needs to include your general locale as laws vary by area. This is especially true here. Almost all states have laws that say when a baby is born to a married couple the husband is the legal father. Where they differ and differ widely is what the bio father can do about . In some cases, the have only months to challenge paternity. In others it can be challenged unto the child is an adult.

So it is certainly possible that he can get paternity established which will entitle him to visitation at least.

The state of Maryland

It appears that MS has no statutory time frame for challenging, but case law has established that it would not be allowed.