Can I terminate based on abandonment/Stepparent wants to adopt

What is the name of your state?TX My husband of 8 yrs wants to adopt my two sons 8 & 12. Their father has had no contact or paid child support in 14 months. Over the past 9 years, he has had several instances of the same thing. My husband is the only father my 8 year old has ever known. Can we terminate rights based on abandonment? He agreed to signing away his rights almost two years ago, but then disappeared. I have my support set up through the Office of the Attorney General. A court date is coming up for my filing for contempt for non-payment. I need help!

Simple answer the the exact question asked is no, you have no grounds to terminate based on abandonment and the strict language of the statute which can be found here.

ex. Fam. Code Ann. § 161.001 (West, WESTLAW through End of 2001 Reg. Sess.)

Now go read it and come back with your OWN answer.