My question involves paternity law for the State of: New York
The biological father of a child was not aware that he had a child until recently, when the mother contacted him. The mother of the child was pregnant and married a man who knew she was pregnant with another mans child. When the baby was born the husband was listed on the birth certificate. He has been acting as the father for 3 years. Now the mother and the husband are getting divorced and the biological father was informed that he has a 3 year old child. Both the biological father and the mother want the husband removed from the birth certificate and his rights removed to be replaced by the biological father. The husband, however, is fighting to keep his rights, not because he actually wants the child, but because he wants to mess with the mother. There is also a second child of the marriage. Some consultation with an attorney revealed that there is a law in place that basically states that the legal father cannot just be removed from his position, so the legal father very much has the upper hand at the moment, even though both biological parents are fighting against him. Are there any ways to fight this and win? What can be done to help build the biological fathers case? Do the courts take into consideration the fact that the biological father had no knowledge of the child and therefore no opportunity to be the legal father?

