My boyfriend and I are getting married in August of 09 and my 10 year old daughter wants him to adopt her. Her biodad is seldom around and is not on her birth certificate he has no leagel rights I have sole leagel custudy but her bio dad does pay support what can we do?

As long as the bio dad will sign over his rights.

And of course he has rights, to have custody you had to prove he was the father with a DNA test, which gave him rights. He may not be using them, he may not have went to court over it. But he would have visit rights if he wanted.

The bio dad does have rights. Did you go to court for support? If so then as Fr. Chuck said he was proven to be the father which gives him rights he just might choose not to use them. So get married and once you have been married for a year ask her bio dad if he will be willing to allow the adoption. If he does sign to allow the adoption then his support will stop (motivation for some) but he doesn't have to allow it.

If her father pays child support then he does have rights regardless if his name is on the birth certificate.

Also, he has the rights to not terminate his rights for his daughter to be adopted by your future husband. Sadly to say it doesn't matter to the court how much time he spends with her because no court can't enforce that however they can make and enforce him to pay child support. Is he current with his order?