I have a 3 1/2 year old son his biological father has been in prison for almost 3 of those years, he is a known drug addict, and convicted sex offender (I did not know that at the time of conception) he has seen my son all of 4 times and has never tried to change his life for the better, my husband wants to adopt him and raise him as his own but my ex pays child support but is not on the birth certificate and he never did a dna test, what can I do to have his right revoked?? I know he will not willingly sign them over please help me protect my son

If he will not willingly sign over his rights, you can attempt to have them revoked. His status as a sex offender and in prison will definitely work against him. The fact that he is paying support will work against you.

Be prepared for a court battle and possibly many headaches.

Edited to add: get a lawyer and be prepared to pay him a lot.

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Originally Posted by stevetcg

If he will not willingly sign over his rights, you can attempt to have them revoked. His status as a sex offender and in prison will definitely work against him. The fact that he is paying support will work against you.

Be prepared for a court battle and possibly many headaches.

Edited to add: get a lawyer and be prepared to pay him a lot.

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Thank you for your input, do you know if I will have to travel back to the state my ex is in? Or can I do it from where I am?

You will do it where the child lives since that is the court that has jurisdiction over the matter.

You can do it from where the child's official residence is.

As Steve noted, given his history and the fact your husband wants to adobt, I believe you will be successful. But you will need an attorney to make sure you do it right.

What state originated the child suport order and any custody order that may be in place ? Also is either one of you still in that same state ?

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Originally Posted by ScottGem

You can do it from where the child's official residence is.

As Steve noted, given his history and the fact your husband wants to adobt, I beleive you will be successful. But you will need an attorney to make sure you do it right.

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Yes all this information does help and it is helping me to take the necessary steps thank you all so much

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Originally Posted by califdadof3

what state originated the child suport order and any custody order that may be in place ? Also is either one of you still in that same state ?

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It originated in Washington state and he is in a prison there, I have moved to New Mexico

You may have to take care of it through Washington because for right now unless there has been a change along the way they hold jurisdiction.