[popsicle]

Okay I have a couple questions. First, I live in Florida. My son is 22 months old. His biological father is on his birth certificate and is supposed to pay child support, he owes 5K back pay, and I haven't gotten one single payment. Don't know his current address or phone number. Anyway, he hasn't seen my son in a year and a half maybe a little more, and I was getting to think about it. He isn't a good person, he is on drugs, when we were together he had some anger problems, and he is just overall not someone that would benefit being in my sons life. I got to thinking about it, and don't want him to straighten his life out in a few years and try to come back into my child's life. My son knows my current fiancée as his "dada" and me and my fiancée are pregnant and due for a baby together in July. How would I go about getting my sons fathers rights terminated? Are there papers I can fill out or what is the process? Second off, even if I didn't get his rights terminated, how would I change my sons last name to mine and my future husbands? Would the father have to consent? I want me and my children and husband to all have the same last name, even if the fathers rights aren't terminated? Thanks for any and all advice:)

[J_9]

First of all you need to hire a family law attorney. Your ex would need to voluntarily relinquish his parental rights to your child, but that does not relinquish his responsibility.

Once the rights are voluntarily relinquished your new husband will be able to adopt your son. Typically the courts will only terminate rights when an adoption is in process.

So, tomorrow, contact a family law attorney in your area to get the specific info for your location.