My son is 2 and his dad has been in and out of his life sent day one... I don't think my son should have that in his life... His dad is in and out of jail and keep trying to make me let him see him... he has not seen his son in a year... he try to take me to court and he never should up so the case got drop... he not on the birth thing... can I make him sing his right away or dose he not have right??

As the father, he has rights. The only time he would give up his rights is if he agrees to allow your husband of more than a year to adopt the boy.

Depending on where you live, if he has a long history of crimes and jail time you may be able to "take" his rights away. You should get an attorney who can review his record and your states laws to see if they believe you have a case.