Does your husband want to adopt him? If so, the court will terminate the bio. father's parental rights. It is a long process. It is not inexpensive. The step-father must have a criminal background check, there will be a social study (the fee is based on your family's income), and an attorney will be appointed by the judge to make sure that your son wants to be adopted.
It appears that you are in Harris County. The courts take terminations very seriously. I've written about this topic on my blog (www.txfamilylaw4u.blogspot.com) You will need an attorney to represent you. Do not attempt to do this without an experienced family law attorney to guide you through this process. I recommend looking on this website for an attorney. Good luck. Merry Christmas!
I agree with what Fran has stated in her response. I have a good deal of experince in handling step parent adoptions. The whole process should take 4 to 6 months to complete. If your ex is willing to sign a Voluntary Relinquishment of Parental Rights, then the likelihood of the adoption eventually being approved is high. I have attached a link to my website containing my contact information in the event that you want to visit further about this process.
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