How do we go about getting my sons dad to sign over his rights to my fiancŽe

Get married, be married about one year. Hire an attorney who will file for the adoption by your husband. That paper work will include where he signs over his rights.

He doesn't sign over his rights to your fiancé, he signs his physical AND legal rights to you as the mother. When this is accomplished, through a lawyer, then when you are married, your fiancé adopts your child.

He doesn't sign over his rights at all. There is this myth that a parent can just sign away the rights to a child. But its only a myth.

However, if he agrees to allow a step parent adoption, a court will terminate his rights to clear the way for the adoption. But to have a step parent adoption you have to have a step parent, not the promise of a step parent.

So you wait until you are married and your husband qualifies according to the laws where you live to adopt.

I would start shopping for an attorney now, who can tell you what the exact requirements are and will prepare the proper paperwork.