Married woman has a child with someone else other than husband, the husband did not sign an affidavit of non-paternity, can the husband go back now, two years later and do the affidavit and the biological father do a Paternity Acknowledgment? Mother will not comply but the two fathers are willing.
You do not need the permission of the mother. The biological father needs to retain an attorney to file a Petition for Legitimation. If you have an experienced family law attorney who handles these cases, it will take care of all the issues that need to be resolved regarding all 3 adults and the child.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
I agree with my colleague, you will need an attorney in this situation.
This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer alone and you should always consult your own attorney in order to obtain legal advice.
The husband is going to be the father of that child until someone else is proven to be the father. If the biological father now wants some form of custody or visitation, he can hire an attorney and go through the court to establish paternity. Through testing the court can determine who the biological father is and then the husband will no longer be the father. But the husband will be the father until the biological father takes action.
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