Depends what you are going to sue him for...
Then unless the biological father is ok with this and signs his rights over, the new husband has no legal rights to the child.
In New York state, a non-biological father can voluntarily give up his parental rights through a legal process called "adoption by estoppel." This allows a non-biological father who has acted as the child's father to relinquish his rights and responsibilities. However, it is recommended to consult with a family law attorney to navigate the specific circumstances of your situation.
A DNA test can prove if the biological father is actually the father. If it is proven he is the father, then he should have all parental rights as any other parent.
In the state of Illinois, a biological father cannot give up his rights to the mother, but he can sign over his rights to another male. For example, a step father
No he does not.
The biological father have to give up his parental rights or this will not be possible. If he is an illegal immigrant he can still have paternal rights in the US. Once his rights are terminated you can apply for adoption.
He would have all of the rights that a biological father has. If he was not the biological father, then his name should not have been put on the birth certificate in the first place, unless he adopted her and the birth certificate was changed.
No. There is no requirement for the child to have to "know" the father for him to give up his parental rights.
YOUR
No, as a biological parent, you should be entitled to more rights than any non-biological guardian, especially if you have partial custody, or visitation rights.
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
absolutly, he has more rights than a step father because he is the child's biological father, he has a right to see the child if he so chooses unless the court forbids it. everyone has rights nowadays, siblings have rights, counsins, aunts and uncles even grandparents.