My daughter's father has not seen her in 5 years, he's made no attempt to contact us, and last I heard he was in prison in Arkansas. I fear that if he tries to get custody that he may take her from me and run away with her. The last time we did speak he threatened to kidnap her, that was over 5 years ago but I am still worried about it to this day, I would like to terminate his rights, so that if anything were to ever happen to me I know my child will go with my parents and not to him. She doesn't know him or remember him and I don't want any support from him. My boyfriend and I plan to marry within the next year and we would like for him to adopt her. Thank you for your time and any advice is appreciated

Your husband is a barterd , buy him some food and tell him the whole story, tell him that you will get marry with your present boyfriend and leave him , so he knows , see... this is the clue

Let him divorce with u , thi is LEGIT and PERMANENT according to law 57 on MB

Here you can see the grounds for TPR in Texas:
Grounds for Termination of Parental Rights Texas - (http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-texas.html)
Termination of parental rights can be involuntary, but there can also be a voluntary relinquishment of parenthood. The Texas Family Code Chapter 161 of Title 5 outlines the situations in which parental rights can be involuntarily terminated. These include abandonment of the child, incapacity to care for a child because of drug or alcohol use, endangering the well-being of a child, an inability to properly care for the child because of incarceration, an inability to locate the biological father despite making an attempt by searching the paternity registry and failure to support a child.

The criteria are set forth in the Texas Code, and terminating to avoid paying support is not one of them. Unless a step-parent or another entity legally adopts the child, a legally acknowledged biological father must pay child support.