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The step father has no "legal rights" in most jurisdictions and he must try to establish legal custody through the family court. State laws vary. If the biological father has been in the child's life and had visitation, he may be favored if he wants custody of his child. There are many variables the court will consider and foremost will be the best interest of the child- whether the biological father has maintained a relationship with the child and whether it would be best to let the child remain within the family unit she is accustomed to. The step father should consult with an attorney who specializes in custody issues.

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Q: What are the legal rights of a stepfather when mother is deceased and no father is named on birth certificate if the child was born during a nonlegal separation?
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