J.G.
I am also a client of Carol Ann Mallory... my husband & I are in the lengthy process of adopting my niece (so we are fighting to terminate my sister's parental rights). In order for your hubby to adopt, you have to terminate the natural father's parental rights. Here is what the statute says:
Tennessee Code Annotated section 36-1-113(g) establishes the grounds for termination as follows:
(i) The person has failed, without good cause or excuse, to pay a reasonable share of prenatal, natal, and postnatal expenses involving the birth of the child in accordance with the person's financial means promptly upon the person's receipt of notice of the child's impending birth;
(ii) The person has failed, without good cause or excuse, to make reasonable and consistent payments for the support of the child in accordance with the child support guidelines promulgated by the department pursuant to § 36-5-101;
(iii) The person has failed to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation, as defined in § 36-1-102(1)(C);
(iv) The person has failed to manifest an ability and willingness to assume legal and physical custody of the child;
(v) Placing custody of the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child; or
(vi) The person has failed to file a petition to establish paternity of the child within thirty (30) days after notice of alleged paternity by the child's mother, or as required in § 36-2-318(j), or after making a claim of paternity pursuant to § 36-1-117(c)(3).
So basically if the father has not paid any child support for at least 4 months prior to when you file, and he has not visited or requested to visit with your son, then it should be a pretty easy case.
Good luck!
