Biological Father Giving Up Parental Rights and Step Father Adopting My Daughter

[kuziifish]

My question involves a child custody case from the State of: Arizona

I have been talking to a lawyer about this, but she is a lawyer in California, so I know there are differences in the laws. What I am trying to do is to get my ex husband, the biological father of my daughter, to give up his parenting rights. He isn't at all responsible, he cares more about ruining my life, especially with my new husband, and trying to get me back in his life, rather than his own child. She is allergic to a few things, and I have told him so, but he refuses to keep her away from them.
All he has done recently is complain about how much child support he has to pay (500 something) and how he can't afford to pay for her medical now. He is an acoholic, and does smoke pot, so in the parenting plan it states he has to go to AA meetings at least once a month, which I am positive he hasn't.. he has even called me drunk recently one night saying he still cares for me after all this "bulls***" I have put him through.
He does have every other weekend visitation with my daughter, plus an extra day, which he scheduled a college course directly in the middle of that visitation day. I was generous enough to change the day. But to me that said "I don't care if I see my kid, I have her this weekend."

Now, my new husband, just married in September of '08, would like to adopt my daughter, aside from him being laid off from his job recently due to lack of work coming in, he has proven, to me, he is fully responsible and cares for her as if she was his own. He actually is the one to watch my daughter when I go to work. She is very happy with him and calls him Papa, which I find funny because when my ex has his visitation, she would rather see Papa than her father.

I am just wondering if there is any 'for sure' way to have my ex sign over his rights and what the law is in Arizona for my husband to adopt my daughter. Anyone's opinion would help, especially how many of you would give up your rights if it meant more money in your pocket for you and your new family? When you don't have the money to spend in the first place, would giving up your rights to get that money back really help and be worth it?

~Jitterbean

[Xena]

Typically you will need to be married for at least 1 year before beginning a TPR and step parent adoption.
For now, you should get a consult with a local adoption attorney who will be able to tell you what the waiting period is for your state.