Legal Question in Family Law in Montana

The classic answer applies here: "It depends."

Non-bio parents do not have parental legal rights until the court grants the rights to the step parent. If you are a legal step-father then, by court order, you have parental rights.

If the bio-father has been absent or negligent all this time -- in prison or simply not interested -- you could argue that you have provided the love, affection, and care of a biological father for the last seven years and the child sees you as his father. Depending on the child's age, "the only father the child has known" might be an accurate description the parent-child bond between you.

The court would use the "child's best interest standard" to determine the best placement for the child, one possibility being to continue with you. You would be the custodial step-father with the rights included in the order. Step-dads often adopt their step-children and assume the legal obligations and parental rights of a biological parent. The children also assume rights and obligations of biological children -- right of support, of inheritance, etc.