I was pregnant in the year 2007-2008. I was with my sons biological father (jeremy), but after physical abuse I left him. Months later my ex (nick) finds out I'm pregnant. He and my sons biodad were close together, and I was honestly unsure of the father until I had my official due date, but was almost sure that jeremy was the biofather. Once informed, I told Nick, he was most likley not the bio father. Hes decided he wanted to "step up" and be my sons father, because "He loved me and didnt care. He had always wanted a son but was to scared to try". While I was pregnant before we decided to work things out, Nick kept seeing other women, including myself.

We were together for almost 2 additional years (2 prior), and just recently broke up. He got a new girl after almost 72 hours, while still talking to me about the past relationship. I now have found someone else, and he is still dateing this girl (whom has started an insane amount of drama) My son (age: 1 1/2) has not received diapers for over a month or so, and he has failed to buy him some. Nick is on unemployment and spends his money on alcohol, marajuana, and his new girl, but insists to see my son at least once a month.

I want him out of our lives. Im sick of the emotional rollercoaster! He never contacts me unless his girl isn't around, and I normaly have to get ahold of him via myspace. Dose he have rights? Dose the non-bilogical aspect have weight? Can I file for child support if he doesn't want to fully leave my sons life completely? :confused:

No, he has no rights. You do not have to let him have anything to do with your child. You also should not expect support from him.

I would say that you need first a DNA test to be sure who the dad is, you can't merely go on possible due dates, since they are often off, and if he sex between the two was even within several weeks it can be either.