You will have a hard time forcing the father to give up his parental rights. Unless he has done something directly damaging to the child - or another child - then it's unlikely that a judge would sever his parental rights.

If you have some proof that he physically abused you you might have a case for having his parental rights severed by a court without his consent.

Not being married isn't why you have all rights. Did you ever go to court over custody? If not then you actually have equal rights right now under the law since his name is on the birth certificate and he just doesn't seem to care. If you have gone to court, was he ever told to pay child support? You say he hasn't paid any, but you also don't say he was required to do so.

It sounds like you never actually went to court for any of this. The most you'll probably be able to do, without him willingly giving up his parental rights, is get sole custody and child support. And if he falls into arrears enough with his child support the courts can sever his parental rights and allow your husband to adopt.

I Have been to court through CASA (CITZEN AGAINST SUPPOSE ABUSE) SO I DO HAVE PROOF OF WHAT HE HAS DONE TO ME.AND IN THE STATE OF SC if you are not married the mother have all rights he is just consider a sperm donor.and he has a criminal record.i dont want no support for him i have all the support he will ever need i just want the low life to give his rights up...and u must not seen where is a jail bird that is always in and out of jail.so i think wit all the stuff i have i can get him to turn his parental rights over to me cause he is just a sperm donor

Hi, jennjordan84, and welcome to WebAnswers.

Since it appears that your ex has abandoned your child, your husband should petition to adopt your child and you should file one for abandonment. This will force the ex to either appear, provided he is properly given notice of the court hearing, or not, in which case the adoption is granted, assuming your husband is accepted by social services as part of the adoption process.

You might also just seek a determination of abandonment, but that would not necessarily get his name off of the birth certificate.

Thank you for your question.

Thank u soo much peanutbred

yes my husband is going to adopt him quick as we can..i think i should have no pro get the ex rights taken away i mean i am the only one in charge we were not married and in my state i have all rights its just the birth certificate that i want to be change and his name as the parent.

The reason you file for abandonment is that you put your ex in the position of proving that he has not, and, since he will not be able to do, it helps the adoption move forward.

Good luck to you!