The judgment would be a court order stating that your husband is not the father of children 3 & 4. Then, when he is "removed" as the father, the paternity affidavit would be sufficient to establish paternity in A. Since M is the legal father until a court rules otherwise, you cannot establish A as the father until the judgment says M is not.
My question was how do the parties get this judgment or court order? With space limits I was unable to be as clear as I guess I should have been, but I understand that the husband is the legal father, etc. My question specifically was at this point in their divorce proceedings how is this court order obtained (is it part of the divorce proceedings or a separate filing, etc.).
By the way, I am not W, M is not my husband and I am not the mother of any of these children. This question was asked on behalf of M.
I use "you" sometimes in my answers just to make the typing simple, so that I don't have to go over the "party of the first part", etc. No offense meant to you.
The judgment or court order would be most easily obtained as a part of the final divorce, or just an order under the same number of the divorce, as it is proceeding to completion. Just type it up and have a judge sign it.
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