An affidavit of paternity is a legal document signed under penalty of perjury. If he signed it knowing that he was not the Father, he can be charged with perjury. In essence, he has no rights if he is not the Father. The real biological Father may file a Petition to establish paternity, have a blood test, and proceed with establishing visitation rights if he is determined to be the Father. Your partner probably needs to consult with a criminal defense attorney if he made a knowing misrepresentation of fact on an affidavit.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
Perjury prosecutions are very rare. To get an answer about the rights of you, your partner (who may have a de facto parent claim) and the bio father (who may have serious problems getting access to the child due to the abuse convictions and his delay in filing a claim), it would be worth spending an hour with an experienced family law attorney.
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