The petitioner (custodial parent) may petition the Court, if the consent of the legal parent cannot be obtained, to terminate the rights of the non-custodial parent.
If the father has not acknowledged paternity, was not married to the mother, was not ordered to pay support, did not co-habit with the mother during or after the pregnancy, nor ever supported the mother or child, he is considered the putative/biological father and not the legal father.