Thank you for your question. I am happy to assist you.
I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.
Currently the biological father has rights equal to yours. This is true regardless of the facts that he is not pay child support nor has he had contact with your child. You may want to consider a stepparent adoption
by your husband.
The process, generally speaking, is to file a petition to terminate the biological parent
's parental rights
and to permit a step parent adoption.
Step-parent adoption is a fairly streamlined process. After you file the petition, the court may do a home study of your family, however this step may be waived by the court. Finally there will be a hearing to finalize the adoption.
The forms and procedures will need to be followed completely, My best suggestion is that you try Legal Aid. They can represent you based on your ability to pay.
If you cannot retain an attorney then you can copy the forms at your local law library or buy the forms on line complete with instructions.
I found a site with state specific forms that you can use.
Here is the link for Rapid Law:http://www.rapidadoption.com/
Please let me know if you have any questions concerning my answer.