I have a 2 year old son with a man that I was with for almost 3 years. Since I left him, he has only seen his son less than a handful of times. He has gone to jail and court for non-payment of child support. He said that he would sign his rights over to me. I really want him to. I am getting married next spring and my fiance really wants to adopt my son afterwards. My ex doesn't know that I am getting married and doesn't like my fiance. Out of spite he will refuse to sign over rights after my wedding, so I would like to do it as soon as possible, before he knows that we will be more than just boyfriend and girlfriend. I wouldn't want to do this if it wasn't for the best, but when my ex is dating a girl that can't even get her own 4 kids out of the system, I don't want my son around her by any means. He doesn't come over or call to talk to his son. He has gone to jail 1 time and to court 2 times, for contemp/non-payment of child support. I want to know if it would be worth the money to have an attorney draft papers for me. Will the judge let him just sign his rights over? He only pays $50/month child support anyway... My son doesn't deserve the heartache of a father who never sees him and can't even pay the small amount he is court ordered. I just want to give my son the life that he deserves with a "DAD" not just a biological father. :(

I have a 2 year old son with a man that I was with for almost 3 years. Since I left him, he has only seen his son less than a handful of times. He has gone to jail and court for non-payment of child support. He said that he would sign his rights over to me. I really want him to. I am getting married next spring and my fiance really wants to adopt my son afterwards. My ex doesn't know that I am getting married and doesn't like my fiance. Out of spite he will refuse to sign over rights after my wedding, so I would like to do it as soon as possible, before he knows that we will be more than just boyfriend and girlfriend. I wouldn't want to do this if it wasn't for the best, but when my ex is dating a girl that can't even get her own 4 kids out of the system, I don't want my son around her by any means. He doesn't come over or call to talk to his son. He has gone to jail 1 time and to court 2 times, for contemp/non-payment of child support. I want to know if it would be worth the money to have an attorney draft papers for me. Will the judge let him just sign his rights over? He only pays $50/month child support anyway... My son doesn't deserve the heartache of a father who never sees him and can't even pay the small amount he is court ordered. I just want to give my son the life that he deserves with a "DAD" not just a biological father. :(

Hello you have to be married for at least one year before you can have your soon to be husband adopt.

You must be married for one year before an adoption process can take place. The bio dad will have to be notified of the adoption before it takes place.

If you believe it is in the best interest of the child for the parental rights to be terminated, pursue it in the courts on your own without bringing the fiance into it. Based on what you are saying, I think a court might actually agree that it is in the best interest of the child to not have the father that he has since he obviously does not care or provide support for the child at all.If you later marry and he wants to adopt after you have been married a year, that is different. Or if you get sole custody and he wants to adopt, then that is different too.

You also need to be aware that if you have accepted financial aid from the state, he will not be allowed to terminate his rights voluntarily or otherwise. I dont' know if you have or not, just wanted to give you a heads up.