[Ann.dls.1217]

I need information on how to terminate my son's biological father's rights. He hasn't seen my son since before he was 2. He's ten now. He pays child support when its taken out of his checks. But owes almost 15 grand now. My son doesn't know he exsist. To my son, his dad is my husband. I have asked my ex to sign his rights over, cause I don't want to confuse my son, he's happy thinking who he thinks is his father. I also don't want or need his child support. He has said he can't afford c/s.and he has other children of his own and a wife. My husband and I are financially WELL stable, compared to my ex and his wife. All in all, I want what's best for my son, and having my ex sign his rights is it. I don't want the 15 grand in arrears either, just his rights, and his last name taken off my sons hyphenated last name. Please somehow tell me how. Cause the ex definitely can't afford the court costs or a lawyer, so therefor it won't ever get done. Help!

[ScottGem]

The answer is simple. Have your husband file for a step-parent adoption. AS part of the adoption process, the bio father will be given the opportunity to voluntarily agree to the adoption. If he refuses, you may still be able to terminate his rights involuntarily unless he fights the adoption.

However, since he appears to want to get out of supporting the child and the adoption will end his support obligation I don't see him not cooperating. You can even sweeten the pot by forgiving the arrears since you don't need it and are unlikely to collect it.

But that is the ONLY way you will get his rights terminated. If you try to terminate them without doing the adoption the courts will be unlikely to do so.