My little boy is 5 months old. My fiancé is not his real father but has been here for me and my baby since I found out I was pregnant. His real father is not on the birth certificate and he told me he didn't want to be there or have any responsibility for him. After 5 months he says he wants a DNA and wants to take me to court for custody. He has no Job and no home, with no means to support my son. Does he have any rights? How long before he's considered an absent father?

If he is the bio dad, then he has just as many rights as you do; the bottom line is get a lawyer and get it settled. I doubt if you will lose custody; if he can't prove he has a means of support to provide the necessity of life for the young one, then I don't think it will be a problem.

Get a lawyer and please read some of the other posts to the right of yours to receive some insight into this situation.

With no means to support the child, the most he is likely to get is visitation, probably supervised. But he does have rights. As long as he can prove he is the bio father.