I have been married 19 years. I recently had an affair and got pregnant by a black man. My husband is white we know my husband is not the biological father because he's had a vasectomy. I have two concerns about this situation in relation to my daughter and her biological fathers RIGHTS. My husband is on the birth certificate because in the state of texas a child born in a marriage and conceived in a marriage is considered to be a product of the marriage. It would have been more complicated to put the biological father's name on the certificate and would have presented a world of trouble when taking care of business with her having a different last name from us since we are staying together and my husband is agreeing to raise her. The biological father knows about the child but has agreed to stay out of it and not be a part of her life because my husband raising her is what's best for her financially and emotionally and other reasons. The biological father is single and not financially sound and we are married and financially doing well. He realizes that she's better off for many reasons in our family and that he's got his own life issues to deal with (he has another child that's 4 years old with another one night stand and he has to pay child support for that one and deal with visitation) without making her go from us to him with visitation and other issues. The two concerns I have is what happens if he decides to do something later to obtain visitation and what happens if something happens to me as her mother (like death) as far as him trying to petition court for custody. I have been made to understand that since my husband and the biological father both know the situation and neither has acted to remove themselves or be more involved they are agreeing to the sitation and a judge would think long and hard before changing that since they havn't acted in a timely manner to do something. She's 14 months old by the way. What action or rights does the biological father have regarding custody or custody after my death?