Does biological father have the only rights to child in event of mothers death

Any family member can file for custody of the child with the courts and try to prove they would be the better guardian. Have your friends uncle contact a family law attorney regarding this.

At this time know he has not , my wife and i would even be glad to bring here into our home but we are only friends and not family.

He is the biological father , but that don't mean jack sh** when it comes to the best interest of the child , anyone can apply for guardianship , if no one has guardianship of the child you need to take a trip down to juvnile court and explain the sitiuation to the judge you dont need an attorney , tell the judge you have the child and you love and want to care for it and give it a good home, apply for guardianship and if the father don't come forward you will most likly get guardianship, if some one don't take guardianship of the child the court will appoint a GUARDIAN AD LITEM, the child has to have a guardian
The father has not stepped up yet he probably wont, go talk to the juvnile court judge

The father is paying child support and probarly has visitation though the court. If the mother passed away the father is the first one that would have the right to get custody. Even if a family member were to want to get guardianship they would have to have the approval of the father. He would have to be served. What makes you think that the father would not care for his son. If you have not seen him playing an active part in the childs life does not mean he can't or won't try caring for his son. In any event he should be notified and given the chance to decide what he wants to do. If he does not want to raise his son then maybe he will sign for you to have legal guardianship or adoption. You need to give him a fair chance of doing the right thing.