My daughter is 9 and this is the second time her birth father has left the state. Can her dad get his parental rights taken away?

If you have grounds under the law, you can ask the court to involuntarily terminate the parental rights of the biological father, in order to pave the path for your husband to do a step-parent adoption. The biological father could also consent to have his parental rights voluntarily terminated. While I don't personally handle step-parent adoptions, my recollection is that you have to be married at least 1-2 years, for the court to consider your new husband doing a step-parent adoption.