Please help me out

[Proserpina]

That was done by her going to the other guy.

There's a double-edged sword here; there may still be time for Mom (or the other guy) to file a petition to disestablish paternity - assuming you are the legal father - should Mom wish to get you out of the picture.

By your filing to establish your custodial rights, you may be prodding Mom into acting. Truly, you need to speak with an attorney.

 

[Ohiogal]

If he goes to court and mom requests a paternity test and it is found through DNA that he is NOT biologically the father, the court may determine he has NO RIGHTS. His only argument would be in loco parentis against a mother who has constitutional rights. He should NOT take a DNA test as Liandra suggested -- even a home one. Because if it shows that he is not biologically the father, he would have to to admit to the court that biologically he may not be the father.