I am new to this so I will try to ask my question with only giving you information that I think will be needed.
The bio father of my 2 year old son (almost 3) is incarcerated. He has felonies and misdemeanors for larceny, drugs, and abuse. I'm not exactly sure of everything on him now because I left him for all those reasons plus more. I believe he has only seen my son 3 or 4 times total and that is more because of the grandparents. We were never married and his name is not on the birth certificate. Also, when my son was born I gave him my last name. A couple months after my son was born I also went to a lawyer and signed papers stating that if anything happened to me then my son would go straight to my parents.
I am dating this guy and we are planning on getting married in August 2009. He is wanting to adopt my son. Can he adopt my son without the bio fathers consent? I do not believe that the bio father will consent just so he can spite me.
Thanks for any help that can be given.