I was married at 17, we had a little girl in 2009. He became abusive. We were in the process of me petitioning for her for citizenship. He was NOT illegally here but his visa expired during the process and when I left him and filed for divorce he became deportable. We finalized our divorce in 2010 and he was ordered to leave the country but remained for several months. In that time he did not visit our daughter on his designated visitation days and he worked under the table to avoid child support. He left at the end of the in 2010. 

I met my current husband in 2011 and we started dating. We got married in 2013. He has been in my daughter's life for the last 4 years and she calls him daddy (yes she knows about her biological dad). He supports he financially and she had his insurance. 

I have proof that my ex has not seen our daughter since the end of 2010 and that he failed to pay child support. He's now in another country thousands of miles away. 

I don't know how to go about terminating his rights. My husband would like to eventually adopt my daughter (step parents adoption is costly and a long process) and we want to change her last name to my husband's as she's almost 6 now and it bothers her that she's the only one with a different last name.

Anyone know anything about the process? I know my ex needs to be served but I don't know where he is anymore.