I am sorry to hear of your difficult situation and am working on your answer.
You will need to make reasonable efforts to locate the father and have him served with a summons and petition since you will be requesting that his parental rights be terminated and your husband be permitted to adopt your child.
If you do not locate him and serve him by publication rather than in person, any court orders resulting from the petition can later be challenged by him since he did not receive actual notice of the proceedings. So it is in everyone's best interest that he be served.
You need to file a petition to terminate his parental rights and adopt in the local family court.
It is best to retain a local family law attorney to represent you or at least an experienced paralegal to assist in drafting and filing the appropriate documents with the court.
All the best to you. Tina ___________________________________________________________________________________ Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. Positive feedback and a BONUS are always appreciated.
NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.
As always, I am available to clarify the answers for you. Thank you and the best of luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).