My question involves paternity law for the State of: Texas
Ok so I know I have a mess so please don't judge me or write any judgmental comments
So I am married( since 2001) we split in 2005 I got into a relationship in the end of 05 and had a baby in 06. The bio father DID sign the birth certificate but has had NOTHING to do with my son since we split in 07. So in 2009 I got into a new relationship and he wants to adopt my son (Please know that my sons bio father is a piece of CRAP, he never supported him in anyway and I never asked him for cash, I only asked him to be a part of his sons life. I even would take my son to see him for the weekend, my new bf even gave him gas money to help him see him). Now he is back in jail and is looking at doing at least 4 years. My question is how would I go about getting his parental rights relinquished? Is it abandonment? He has not seen him since the Easter of 2010. I am still married to my ex so they consider him my sons legal father.. Eventually my bf ( who will be my husband as soon as I am divorced) wants to adopt him.
I know this sounds horrible but I am not a bad person and only wanna do right by my child.