In most states, unless there is a court order in effect, both parents have an equal right to the child. Since you have stated this person is the father, I don't see why a DNA test is called for unless this person is denying paternity of the child. There are two issues for you to concern yourself with in this situation, one being custody and the other being child support. If both of you acknowledge that this man is the father and he wishes to be involved in the life of the child, then a custody order would certainly be a good idea. If you are seeking assistance from the state for your child, the state will probably seek support from him to recoup what it gives you for the child. Certainly, state laws differ on custody and support, so the advice of an attorney in your state is the best idea. Sometimes there is free legal aid available, and sometimes the local bar association maintains a list of attorneys who will give you a consultation at a reduced cost.