Well, the good thing is that I dont have a father listed on my daughters birth cert. He had abandoned me when I was pregnant, turned around and got another lady pregnant. To make a super long story short, he chose her because, she smoked marijuana and I didnt. I also have TPO's on them both when my daughter was a little over a year old. As this individual's wife threatened to take my daugther away. The story repeats itself now. So, technically he doesnt have rights if hes not listed as a father on her birth cert. right? Will that make it harder for them to gain custody? I also would strongly suggest a hair sample (drug test) as I know the man still smokes.

Being on the birth certificate is practically irrelevant. All he needs to do is file a complaint for paternity and custody.