I live in NY and I have an 11year old. My child's father has been in and out of jail from the child's age of 2. Our last communication with him was over 5 years ago. I looked him up on the internet and he is currently in jail. He does not pay child support and never has. Can I file for child abandonment and petition for him to give up his parental rights?

Give up his rights for what? He isn't using them. Are you married looking to have your child adopted?

And child abandonment is a crime that means you left the child unsupervised. This is not abandonment, this is just not using his parental rights.

Has he ever used his rights ? Do you have a new partner that wants to adopt, that is when you normally take away rights.

You can not "file abandoment" but you can file for a change in the order of custody and use this as a grounds for it. Now many states do not reconise merely no contact or no child support as a reason to change custody. But normally extended prison time is a reason to change a custody order.

You should be able to get a new custody order that does not allow him any visits at this time.