Okay, I know some about this, so hopefully I will make sense. Any man can sign the declaration of paternity. After he signs it, he has 5 years to contest it. This is to protect the child. If another man establishes paternity, the state will usually change the birth certificate themselves to reflect that information. You have no say in the matter, unless he were to sign away his rights and the child was adopted by another man. A friend of mine listed unknown on her son's birth certificate, but after the father established paternity, they just reissued a new one with his name on it. She was furious. As far as proving you to be unfit, you have just as much opportunity to show yourself not to be. Bring letters of witness, programs you are involved in, etc. Try some local agencies and see if you can sign up for some new parent programs. These can go far in showing a judge that you are invested in being the best parent you can.

In most states, the husband of the mother is automatically considered to be the legal father of the child, no matter what the DNA says.

In all states that I am aware of, your husband is the legal father of any child brought forth during the marriage, regardless of who the biological father is. The biological father has NO rights to the child unless a judge says so. For this to happen, there must be a court case. Until then, he can bugger off. Historically, it used to be next to impossible for a biological father to gain parental rights to a child in such a case, IF Mom and husband are still married and the husband is content to be the legal father in all aspects. However, times are changing and it is no longer unheard of that an unwed biological father be awarded parental rights, even custody, of children he may never have met. http://berkeley.edu/news/media/releases/99legacy/1-28-1999a.html I would say this: YOU (and your husband) need to see an attorney. If money is a problem I will say this: You cannot afford NOT to have an attorney in this case. Figure out the finances and make it work. An attorney will be far better suited in your local courts in terms of trends and likelihood of something like this happening. And, if you get blood tests and they prove the child is your husband's, then it's all for nothing if the guy tries for custody, as the court certainly will not give him custody of a child that isn't biologically his. <EDIT> By the way, as for him wanting to prove you an unfit mother, forewarned is forearmed. This means that if you know that might be one of his tactics, you can start NOW to counter it. Build a secure case showing you to be a good mother. Witnesses, a clean house, medical records, keep a log of EVERYTHING you do, friends, relatives, neighbors, any city/state/local officials that you may have interacted with that know your character (like any police officers that may have stopped by to investigate a claim, any CPS personnel that investigated and found no evidence warranting such a claim, etc.). This way, if someone waves the "unfit mother" flag, it will be VERY EASY for you to wave the "BULLSH*T" flag by presenting lots of evidence to the contrary.

Yes, it would matter if he done the DNA test and the test shows that he is the father. There would be nothing you could do about that if he wanted to be a part of the child's life and as I said in a comment I posted above, your current husband would have NO say what so ever, if he spoke up in a court room involving this case, a judge would tell him where his place was and it would not be in this matter. Trust me, I know, I have had first had experience with it. I'm not trying to be rude but, I am giving you the facts. If a DNA test shows that he is the father, then he has just as many rights as you do and it is pretty hard to get parental rights terminated too!!!

What state are you in? In Georgia if a woman is married no outside man can force a DNA test unless the husband says its not mine..the biological father has no standing in the eyes of the law

For him to sign would be paternity fraud. Though not strictly illegal right now, we are working on making it so.