My question involves adoption law for the State of: New York
Okay so please bare with me, I'm a little confused and might ramble a bit. I am a current resident of New York state along with my two year old son. His biological father, my soon to be ex husband with any hope as we have been battling this for nearly a year and a half now, lives in Texas. The question I am initially asking is under what circumstances can I terminate his rights to our son without his consent? His father has been present MAYBE 3 months out of his entire life. But claims he is worlds greatest father. We all stayed in Virginia up until august of 2009 so that he could see our son. However when ever he would "see" him, he would pass him off to someone else to care for while he went and did his own thing. He has partied with my son in the room. I mean alcohol and drugs. he has left myself with no money to buy our son formula so that he could purchase cigarettes. As an infant he has left my son sleeping in the house while he drove up the road to get food. And last year in December he was only suppose to take our son to Texas for 3 weeks, I didn't see my son for nearly 3 months!! He finally brought him back to me. Before that I had to fight him to call our son once every two weeks, now he calls every day which I feel is now unnecessary consider my son hardly knows who he is and I believe it is all an act considering we are in our custody battle now and he wants to seem like worlds greatest dad. When he left in December my son was fully potty trained, sleeping in his own bed and well mannered, no problems at all sleeping through the night and once he came back, he was back in diapers, refused to sleep alone, constant night terrors and a little monster as far as his temper. I expected the temper with the terrible twos thing. but everything else was unexpected. I was able to get him back into his own bed but he still has frequent night terrors and is terrified of the potty. I have never seen my ex physically abuse him. I have received no money since January. And my son has been calling my fiancée daddy since he was 10 months old. my Fiancée wants to adopt him legally. And I want that too because even if he and I end in divorce I believe he will still be an amazing father to my son and a good role model for him. Do I have any grounds to work with, and is their any chance at all My fiancee can adopt him without the ex's consent and we can be rid of him.