Awkward Situation , need advice

What is the name of your state? New York

I will explain this as best as I can so here it goes.

My wife and I have been married since May 6 2000 and have a son.The problem is he is not mine.I found this out when he was a little over 2 years old. We estimated he was conceived roughly about 2 weeks before the wedding which hurt me when I found this out.Me and my wife are working things out and I couldnt leave myself because my time and love were already invested in my son.He was already calling me daddy and was hugging me and everything and I couldnt leave that behind. When my side of the family found out , they really didnt want anything to do with my wife or my son.I told them I was working things out with her and keeping my son as mine , they came around for the most part and are starting to respect my decsion but still partly avoid my wife and son.

I am on the bithcertificate as the father but the DNA test says I am not the father. The person who is the biological father knows about him and still has nothing to do with him.He has known now for almost 2 years. I want to know if I have to legally adopt him in order to make him legally mine or is it ok the way things are now with me being on the certificate already? I need to know this for future referance because if me and my wife ever did split up can she take him away from me since he isn't legally my son and we have the test to prove this? I also want to know if the biological father can ever step up since he knows he has a son.

My son is now 4 years old and calls me dad.I dont ever want that to stop.Can I adopt him to settle this once and for all or is it ok with me being on the certificate as it already is ?

Look on the birth certificate to find out who his dad is.

I want to know the answer to my original question

seniorjudge said:

Look on the birth certificate to find out who his dad is.

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NY

I understand I am on the bithrcertificate as the father but that was 2 years before I found out I wasn't the father by a DNA test. The biological father knows of him but has done nothing since we all found out.I dont want him to do anything because in my eyes I am the father. I have been told by others that if he did want to step up all he would have to do is prove he is the biological father and if he really wanted to he can petition the court to have my name removed and his put on the birthcertificate. I know the biological fathers parents and they are nice people and to my knowledge they dont know about the situation but the biological father did tell us at one point that if they did know they would not let my son go without a fight and they would file for grandparent rights if he really was the biological father.

My original question still stands. Since it has been proven I am not the biological father but I am on the birthcertificate do I legally have to adopt him or leave things the way they are ?

stargazer29 said:

My original question still stands. Since it has been proven I am not the biological father but I am on the birthcertificate do I legally have to adopt him or leave things the way they are ?

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You need do nothing more; the birth certificate shows you are the father...just like I said the first time.

Since you are On the BC because you were married you are legally the father.