How long does a bio-father need to be absent out of a child's life for it to be considered abandonment? And me and my husband have been married since June 2009... Can he legally adopt my daughter?

In "most" States the marriage has to be at least one year and it is almost impossible to force relinquishment. If the bio father is out of the child's life perhaps he would be willing to sign the consent to adopt.

If he is not he may decide to sign to stop his support payments.

I notice this is posted under criminal law - does the bio father have a criminal record?

First you don't file any charges for abandoment, in face in many states in the US merely not seeing the child or not paying child support is not grounds to take their rights away.

It is a crime not to pay the court ordered child support, so if the bio father has never paid child support
( and that support was court ordered) you should check with the DA about what can be done. Again that does not take their rights away.

The bio father in an adoption will have to sign over their rights, once in a while, a judge may allow it without permission but it will be a much harder court battle