I was married & had a my son with my ex husband we separated & divorced when my son was about 5 months old. I have sole legal & physical custody of my son. Since the divorce my ex visited my son 2 or 3 times. But now I haven't seen or heard from him in 2 years. He is currently about $15000 behind in back child support. My son is starting Kindergarten soon & I would like to change his last name to mine so it isn't confusing for him. I have no idea how to contact him & have no idea where he is located. Can I still be granted a legal name change without his consent?

You need the signed consent of the child's father.

You can petition the Court for the name change, requesting that the father be notified by publication when all other means of locating him are exhausted.

Support and your son's name, of course, are not related. Isn't the support unit attempting to find him?

Thanks for responding. They have been looking however he is a foreigner and is probably in another country. He doesn't have a social security number which makes it more difficult if he even was stateside. But even trying to locate him abroad hasn't proven to be worth the time & money it costs me.

Then go to Court and ask about the name change under these circumstances.

... But even trying to locate him abroad hasnt proven to be worth the time & money it costs me.

Another way of saying that getting the name change isn't worth the effort.

Congratulations. You have answered your own question.

The court will have specific requirements for "searching" and publication. Publication can be costly compared to having it down with permission.

But it is likely it can be done, but will not be cheap and will require an attorney.

Next of course I am not sure what is so confusing for the child. You and his dad are divorced, and he was named after his father. I am sure about 1/4 of his class will be about the same

... Next of course I am not sure what is so confusing for the child. ...

Perhaps OP figures that it will easier for the child to imagine asexual reproduction as opposed to the concept of an absent father?