Legal Question in Family Law in Florida

Florida law presumes that the father of a child born to a married woman is the husband. A DNA test that proved otherwise is just the sort of evidence that would defeat the presumption. The answer is yes, the biological father could petition the zcourt to declare him the father.

there is a lot more here than a simple answer. I suggest you contact a family law attorney at your earliest convenience. In order for the bio dad to be a father of this child, a paternity test would have to be done - the fact that you are married gives the bio dad no standing to ask for a paternity test unless the married dad wants to disestablish his parental rights to this child. YOu have a lot to think about on this one. also know there is a time limit to disestablish paternity of a child - this has a lot to do with child support.