Bio Dad in prison

My daughter bio dad is in prison. My daughter is 3 and a half and her bio dad has only been in her life for one year of that. he has not contacted or attempted to see her since Janaury of 04 and has been in prison since April of 04. Of course the child support stopped when he went to prison. When he has visitation he only visited her about one hour every month. There is absolutely no bond. My husband is who she knows as daddy. My husband would love to adopt her. My question is: is adoption possible since bio dad is in prison? Will they take into consideration that he is in prison and has no way to exercise any parental rights? He is in prison for identity theft. he will be there until April of 2006. He was in prison when she was born for freud and stealing my money. I testified against him a week after the baby was born and they got him for violation of parole. We were never married and only dating for a couple months when I found out I was pregnant. When he tried to get custody of her he only got supervised visits and never any legal or physical custody. He never wanted to pay for supervised visits so he never exercized them. I allowed him to see her for one hour every week on my own time though. but That soon faded to only once a month. I have all of the visitation documented on my calander and the excuses as to why he couldnt make it to see her. So knowing all this does anyone know what our chances are if we pursue the adoption?