My 2 1/2 year olds bio dad has not seen my daughter in over a year. The time before that, it was 10 months between visits. So, she really has no clue who he is. The dad she knows is my husband, whom she calls dad. Bio dad wants to see her since the state has finally found wages to garnish after two years of nothing. I don't want him in her life and I don't feel he would be a positive role in her life. I want to do what is right for her and my husband wants to adopt her.

The get a lawyer and ask the bio father to relinquish his rights. If he'll do so, draw up the adoption paperwork, go to court, and adopt.

If the bio father refuses to relinquish, then you have to prove he is a danger to your daughter. Most courts won't involuntarily terminate parental rights unless there is a danger because people change.

The bio father will be able to see his child if he wants to. And if it is the money that has moved him to start seeing his child, so it is,

If you want to try, but he will have to sign over his rights to allow the adoption, his not visiting for months at a time will not be enough to take any rights from him.

So if he is willing to sign over his rights, ( then he does not have to pay any future payments) he can, and step dad can adopt.

If he is unwilling to sign over his rights, he can get court ordered visits, even including overnight, weekends and weeks in the summer ordered though court ( if he does not already have those ordered)

If you refuse contact he can use that against you in court to even try and get more levels of custody of the child.

Ok, thank you very much for your input. I forgot to mention that in the divorce decree it states that visitation is to be agreed between the two of us. No solid visitation was set up through the courts since he failed to appear for the divorce hearing and it went to default. Does that alter anything?

Nope does not change anything, except he can always go back for other visits if he wanted to

Either one of you can go back to Court and get more specific visitation ordered.