No, when you are married and have a baby in the marriage it is assumed by law unless otherwise proven, that the baby is a product of the marriage. Also if your husband signs the birth certificate then he will legally be responsible for the child even if he is not the father. Then I would just leave things be unless that person tries to bring suit into court. Then if that person tries to file petition to seek visitation or custody, then you could ask the judge if your husband could adopt the baby, and if that man could voluntarily sign a termination of parental rights. If you really want to make a new start, and leave this guy out, then don't contact him at all the longer the time goes by that he does not make an effort to contact the child or visit the child, or support the child, then the greater chance the court would agree with you based on the best intersts of the child. Before any of this could happen, he would have to prove that he is the father, because according to law your husband is considered the father, and I doubt most guys would want to do this because doing so would cause him to be responsible to pay child support, and lets face it how many guys actually want to do that?

