Can a divorced man dispute paterntiy of a child that's listed on the complaint four years after the divorce, though he knew this child was not his biological child?
Here is the back story: a woman has an affair and is also having relations with her husband, whom she tells the person that she is having the affair with that she is separated from and seeking to divorce. However, she becomes pregnant and the three of them come to the conclusion that the husband and wife will stay married and raise the child as the husbands whether or not he is the husbands biological child. (As the law states, in North Carolina, he is the "father" regardless due to them being married) No dna tests are performed and the person she had the affair with is kept out of the loop and is told by legal help that he seeks, that he cannot do anything( it's 2003) Fast forward, it's 2007 their divorce is finalized and the child is listed in the complaint. The woman claims though that they took a dna test (not court ordered) and he isn't the biological dad. She then turns to the person she had the affair with and says "your his Dad". What I'm asking is, everyone involved knew that there were two possible fathers, and the husband (now ex) even claims the child in the divorce complaint that he brought against the wife. The divorce is finalized and it's been four years. Can the husband go back and dipute paternity or can the wife/woman do anything now against the person she had the affair with and whom she feels is the dad? The woman and child live in Florida. She is trying to force a relationship and saying she can get him for support etc... the child is eight years old and knew the ex as his dad until the mother told him differently. So sorry this is so long, hopefully it makes sense. I'm just wondering what legal issues there are, especially for the man the woman had the affair with. I'm thinking that since they were married at the time, had relations as well, the (ex)husband gave the child his name, raised him as his own for four years and even included him in the divorce complaint that for all intents and purposes he is his father and the child is his. Nothing is disputed regarding the child or paternity in the divorce. Thank you for any and all help that is provided. Take care.

In the state of Texas the husband that is legally married to the mother of the child is and will forever be the child's legal father. Other possible biological fathers may very well have the right to demand DNA tests if there is probable cause. However, even if the test proves the second party is the father biologically, he will never be the legal father. All laws especially family law is technically very vague and is many times ruled unjustly. Paternity suits or claims begin with the Attorney General's office.

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Originally Posted by justv

In the state of Texas the husband that is legally married to the mother of the child is and will forever be the child's legal father. Other possible biological fathers may very well have the right to demand DNA tests if there is probable cause. However, even if the test proves the second party is the father biologically, he will never be the legal father. All laws especially family law is technically very vague and is many times ruled unjustly. Paternity suits or claims begin with the Attorney General's office.

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This information is not correct. Challenges can be made in the state of Texas and its not permanent as is being stated.

Texas Paternity Law - Paternity Laws - Paternity

Thanks for the response. I understand the difference between legal and biological fathers etc... I guess what I am asking is can the woman or the exhusband come after the man that she had the affair with now eight years later (I know most states it 18 years old or even after to determine paternity) and after their divorce has been finalized?
It would seem to me that since the exhusband claimed the child in the divorce that it is final and that the child cannot have more than one actual father, who pays support and has visitation etc... I know there are always exceptions however, the man she had the affair with has moved on and doesn't want anything to do with any of this. Especially since the woman and her (ex)husband said they didn't want him in their lives but have since changed their minds many years later. It seems that they don't care what is best for the child. Take away the only father he has ever known and he now has a stepfather as well. Thanks for reading and any input is appreciated!