I moved 8 hours away 7.5 months pregnant. My divorce was final when my child was 7 months old. At about 10 months I went to the state my ex lives in. My divorce decree said if my child was in that state I had to notify him we were coming. I brought her to meet him where he saw my child for about 3 hours. He has never seen my child since (his choice). I have tried to contact him at every location I could. I have not been over persistent but he knows I have tried to contact him. In the past we talked about 1 time a year (and were civil). I have been with my fiancé for 5 years. He has helped me raise my child since he was 6 months old. My ex knows this and knows we are getting married as of 2 years ago (long engagement). I am getting married in October and we would like to do a legal name change and have my child take his last name. My fiancé is her "dad/father" anyway. We are not going to ask for adoption rights at this point. How do I go about changing my child's name when her biological father is not involved with her at all, nor will he respond to my attempts to contact him? He does NOT know why I am trying to get him either. He is paying child support but has been found in contempt for non payment for the 3rd time, as of last week. Do I need his permission as the primary parent to change her name? I have full custody of him. Is there a way to do this without an attorney? Do we file in the County we currently live in or where he was born? We just moved about 6 months ago out of state (TX). Thanks.

You just fill out a form at the court house. Then a hearing date will be set for the judge to agree that it is OK. He will ask you why? Then sign the petition. If the father needs to be present I am sure he will be notified and if he doesn't show up to the hearing it will probably be assumed that he has given up his right to making this decision.