Confusing. If the man who is not the father has not filed a paternity action, or has not signed an Affidavit of Parentage or Acknowledgement of Paternity, then you and the biological father can execute and file an Acknowledgement of Paternity. Until the non-father is legally determined to be the biological father (by one of the methods above), he has no rights. Consult with a family law attorney who will be able to better assess the issue once more facts are disclosed.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
These "home" DNA tests are not
proof of anything as they are not
"accurate." You'll need a DNA test
from a legitimate labratory. You
can settle things afterwards!
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.