Either the putative father has asserted rights as the father or he has not. If he has, "presumed" should no longer be an issue - the DNA test should have told the story some time ago. And odds are, even if the DNA isn't back yet, you have a sense of whether he's the biological father.
And... either you're in a relationship with the putative father or you're not. If CPS says, "You can't have the child in your care if you continue your relationship with this person, due to his history of violent criminal behavior," and you choose him over your kid, that's on you. If he's not in your life, you need to clarify why protective services deems him to be a concern if the child is in your care.

