Absent Parent(Prison)

What is the name of your state? Texas

Is there a certain length of time if a parent is sent to prison before their parental rights can be taken away? If so, what is it? Do the other parent need the consent of the absent(incarcerated)parent to allow another to adopt the children?

I do not know the length of time a parent would need to be absent in TX to terminate his parental rights. However, unless his rights are terminated, he has every right to object to an adoption, which means you would need his consent.

How long is his sentence? What crime was committed?

Actually, he's facing time in the state of Louisana on a drug charge. The maximum time for his sentence is 30yrs and the minimum time is 15yrs. When the children were born he didnt want his name on their birth certificates, so in the state of Texas I am the only legal parent of the children. Does this add a new twist to my situation?
**He's never taken a test to prove the children are his, nor does he have the desire to do so at this point. When I mention to him that I will be getting married, he tells me that he wont allow another man to adopt his children.**

The problem you may run into is the state may require paternity be established, or at least diligence in trying to establish paternity, prior to adoption. However, if paternity was never established then no parental rights need to be terminated.

In other words, you could leave the situation as it is for now, and if you get married and your new husband wants to adopt, you can deal with it then.