My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.
A man who voluntarily acknowledges paternity
has 60 days to revoke it. When that 60 days passes, he can file a suit to cancel the acknowledgment if he can show that it was signed under fraud, duress, or a material mistake of fact. Once you get a court order show that he is not the father, you can have the birth certificate corrected by supplying the Department of Vital Records with documentation showing that your husband is not the father. As part of that proceeding, the judge can find that your boyfriend is the father and order him to pay support.
To change your son's last name, you would need a court order. Here is all the information you need to seek a change - if both your husband and your boyfriend agree, it's not terribly complicated. You can submit the request as part of the other proceedings.
Once you have a court order establishing paternity and changing the name, you can amend the birth certificate. If you're in New York City, here are the forms and instructions to amend a birth certificate. If your son was born outside New York City, call(NNN) NNN-NNNNto see if they have forms they can mail you or that you can print.http://www.nyc.gov/html/doh/downloads/pdf/vr/bcorrect.pdf
If you and your husband divorce
, the judge can include in the divorce decree a statement that your husband is not the father and that he is not responsible for the child in any way.
There's a lot involved, but if you all agree that your husband is not the father, should not have any rights or obligations to the child, and your boyfriend should, you will be able to get it all straightened out. A local attorney may be able to help make it all less confusing.
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