My ex-husband and son's father has been in California State prison for the past 2 years. He was sentenced for stalking me. He was on parole once but a condition of his parole is that he is sent to a medical prison. I have recently just got married and my husband wants to adopt my son. Am I able to go to court and state that he has been in prison and violated his parole once already and was sent back to prison and when he is released from prison and put back on parole that he will be sent to a mental hospital lock-up facility and due to that fact I want his parental rights taken away, or will the judge give him a chance to become his father and have visitation whenever he is considered safe and sane by the state of California.

There is no prediciting what a judge will do. If the father refuses to voluntarily relinquish, a judge may not force it.

But the only way you will know is by trying. You probably need to wait until you are married for at least a year, then get an attorney to file the adoption papers, part of these papers will be the father's TPR. If he won't sign them, the attorney can petition the court to terminate as a danger to the child.