Hello my name is Raquel and I have a two year old son. When he was born his father signed the AOP for paternity. He then was not really ever involved with my son. I got married when my son was only 9 months and my husband now serving in Iraq has since been the only father he knows. Ever since he has had very little to no contact with his real father. He is currently incarcerated for 7 different counts of felonys. I would like to know if their any way that the paternity can be taken away with out him having to sign it over so that my husband can adopt him?:confused:

Depending on where you live, long term imprisonment may be grounds for involuntary termination of parental rights.

It would be much easier, however, to get him to voluntarily sign in order for your husband to adopt. Involuntary TPR will require quite a bit of legal resources.

Him being the bio father can not be taken away unless he isn't, but his rights as a father can be taken away in some US states for long term prison or being a serious threat to the child.

As noted it is easier if your new husband wants to adopt, and the bio dad will sign over his rights to allow husband to adopt