Ok I have a 5 year old son and a 3 year old daughter. My ex-husband has not been in my sons life since he was 15 months old and has never been in my daughter life. I left when I was 2 weeks pregnant. With her. He has never paid child support for them. I know I can take his rights away. I just need advice on hoe to do it, I would also like to change their names to mine.

How do you know you can take his rights away? If you read through some of the hundreds of threads in this forum (I moved your post to the Family Law forum where it belongs) you will learn that it is highly unlikely you can take his rights away.

I know I can because in the state I live in after no contact for 2 years the rights can be taken away. I'm just not sure how to go about doing it. Thank you for moving my post, this is the first time I have been on this site and not sure how to use it yet.

I suggest you reread the law. Many states have guidelines that allow a judge to terminate rights under a set of circumstances. One of those circumstances is a lack of contact.

But those are just guidelines. The guiding principle is the best interests of the child. Generally judges will NOT grant a TPR unless its to clear the way for an adoption or if the parent represents a danger to the child.

If you go to a court with your situation they are going to tell you, the father isn't exercising his rights, so you gain very little by terminating them and they are unlikely to do so.

But if you want to waste your time and money, go to your local Family Court and ask how to file a petition for a TPR.

Also have you even filed for child support on these children ? What state is this in ?