If the father does not sign the birth certificate does he still have legal rights to the child?

Only if you can prove birth through DNA testing. * Yes if the couple are married the husband is assumed to be the father and has custodial rights to a child until proven otherwise. If the couple are not married the mother retains sole custody to the child until parentage is proven through paternity testing (blood test or DNA). Once parentage has been established the court will allow the filing of custody and/or visitation and/or child support petitions to be filed.