Legal Question in Family Law in California

A parent only has "custody," either by having actual physical posession of the child, or by court order. If you mean does the father have custody rights, absolutely. Unless terminated by court order, a biological father always has a right to some custody of his child. If he does not have physical custody, and does not have a court order, however, he will have to obtain a custody agreement with the mother, or a court order, before his rights can be enforced. If he is not on the birth certificate, he will probably have to get a court order of paternity as well. Once he establishes paternity, he not only will be able to enforce his custodial rights, he will also become liable for child support, just btw.