My son is 8 and my husband (who we are in the middle of a divorce) signed the birth certificate since the biological father is unknown. he has raised my son the whole 8 years and is the only dad he knows but now that we are separated is threatening to sign his rights over and not pay anything towards him. Can he just do that sign his rights over and not have anything to do with him. Or would i have to agree. He even won custody in a dcf case .

Answer:

Well if he won majority time sharing of the child in a DCF case, then you might end up paying child support. Generally any child born during the marriage is presumed to be his child. However, he can move to disestablish paternity for specific legal reasons. He may have a hard time doing so, if he always knew the child was never his biologically and continued to raise the child given that fact. On the flipside, if he now discovered the child isn’t his biologically he might have a stronger case. This is very fact intensive, but yes he can move to disestablish paternity and depending if he has a winning argument or not will depend on the specific facts of your case. Its best to consult and hire an attorney to handle your divorce case which will include the issues with your child(ren).