Short version, "maybe." You do not say if actual bio dad is on the birth certificate -- and lots of other important facts. For background, see:
http://willicklawgroup.com/paternity/
http://willicklawgroup.com/child-custody-and-visitation/
Then you need to consult with a family law lawyer -- wither schedule a consultation, or at least go in for a free 15 minute consultation at the family court Ask-A-Lawyer program on Thursdays. You need information -- know what to do and how to do it, and matters will seem much less scary.
Answered on May 11th, 2014 at 10:19 PM