You will need to terminate his parental rights and one of the reasons you can ask for the termination is based on the grounds of abandonment. To show that the father has abandoned his child is to show that he has failed to maintain a normal parent-child relationship with your son for r a period in excess of six months. You will need to file a Petition to Terminate a Parent-Child Relationship in Juvenile Court. Then you will need to serve him with the Petition and an order to appear at an initial termination hearing. You will also need to show that it is in your son's best interest to terminate the parent-child relationship. This is typically easier to show then the abandonment. You may need to obtain a social study from an agency that shows it is in your son's best interest, but this can be waived (not required) by the judge.
Once the termination is granted, then you can have your new spouse adopt your son, but you have to be married for at least one year prior to the adoption being finalized. Once your son is adopted by your spouse, he can have a new name and will be issued a new birth certificate showing your spouse as his father.
*The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.*
*Laura B. Monte, Esq. is licensed to practice only in the State of Arizona. Any answers presented are based solely on Arizona state law and case law.*
Answered on Aug 13th, 2012 at 8:07 PM