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What's a TPR? Yes my husband and I have considered adoption, but at this point I was more concerned with the name change, we are also not in a position financially right now for us to hire an attorney since we are currently on one income so I was trying to see what my options were. Having my son adopted by my current husband would be a bonus, but my main concern is having my son to break all ties with my X since he is clearly unfit. I also considered modifying the custody agreement to sole custody. Would I have to do that in the county in which our divorce and custody agreement was settled and would my X have the chance to go to court on this since he is currently in jail in that county?
A TPR is a termination of parental rights.

Yes, you'll need to file in the county where the court order is.

Your ex might possibly be allowed to attend a hearing, some county's do allow inmates to attend, but that is soley up to that county's sheriff's rules.