generically speaking, the husband is the legal father of the child. There are different rules in different states on the husband's child support of the child if another man's name is on the birth certificate. The fact that child not mentioned in divorce paperwork is going to be a problem at some point. Welfare dept. will probably go after the husband but he will probably file a motion to disestablish paternity and if he wins, they will go after your son. Generally speaking. You need to talk to an attorney in the state where the mom and child now live.
Answered on Nov 21st, 2012 at 10:06 AM