[tumbleweed]

My question involves paternity law for the State of: New York

My husbands name is on his ex's sons' birth certificate.
The child is 2 1/2, and my husband has found out two things.
Through D.N.A testing, the child is not his..
And the mother was legally married at the time the child was born (not to my hubby)..my hubby did not know she was legally married and signed the paternity papers. If she was legally married to someone else, does this not automatically make her husband the father of the child legally..why was she allowed to give my hubby the paternity papers if she was legally married, and how does he get his name off the birth certificate. This is New York State

[Mr. Knowitall]

Your husband can challenge the acknowledgment of paternity on the basis of "fraud, duress, or material mistake of fact". New York Family Court Act, Sec. 516-a(b)(ii). I suggest that he retain counsel and do just that.