My daughter is 5ys old and he bio-father has not been in her life since she was 3yrs old. No child support has been received in 2yrs. He has multiples of ways to get in contact with her and he has not made any attempt to do so. I have been married for three years and she reconigizes my husband and her father.Is there anyway for me to terminate his rights so that my husband can adopt her.

You make him an offer--, you will not go back to court over child support if he allows your husband to adopt.

He's the type of guy that instead of making a deal he will drag it out in court

Nothing much you can do as long as he says no.

Can I file abandonment

No abandonment means left on "street corner'' with no adult.

First, since this is a legal question I've moved it to the Family law forum. If you browse that forum, this question is answered many times including by stickies.

Your problem is you are trying to separate the process, when they are integral to each other. You can't get his rights terminated except as part of the adoption process. So you get an attorney, prepare the petition for adoption. As part of that your attorney will send him the paperwork to relinquish his rights. If he refuses to sign, then the attorney will move to terminate his rights.