It depends on what state you live in. my husband just adopted my 10 year old here in kansas. My ex tried to fight it but we won because we had 2 yrs no child support and 3 with no attempts to contact. If he have willing to have anything to do with him you may try asking him to sign over rights first though. Definately consult an attorney. Best of luck to you!
Thanks everyone for your help, me and my hubby are going to get some legal advice, hopefully adoption will be the best way x
I just recently had success in getting my exact right severed to allow my husband to adopt my 5 year old daughter. However my ex never payed child support but a partial payment the first month he was ordered to. The best and easiest way to get his rights severed is if ur ex would agree to sign them away, allowing for an adoption. You still need an attorney and that would be your first step. However if ur ex refuses, like mine did(even though he hadn't seen her or tried to contact or see he since she es a newborn), I really don't think it would be too hard to bring him to court and prove he is an absent part of ur sons life. It was scary but necessary for me to do that but there was so much time against him and no effort on his part to have a relationship or provide any type of support that it was pretty clean cut on cutting his rights and allowing adoption.
I agree with Annie. Talk to an attorney.
Talk to an attorney. It doesn't sound like the babydaddy will fight you, it will mean he's off the hook for child support. (Though it wouldn't hurt to sue him for back child support -- so what if he is not working, he has to be living on something.) Again, talk to a lawyer. There are legal clinics in many cities run by law schools, if money is a problem you might try one of those as they are much less expensive.
when it comes to your husband it's easy adoption is the way and he seems like a nice guy so don't hesitate :) i don't know how you can remove your ex from the picture but i think you have to go to court