My situation is complicated. When my daughter was a month and a half her father and I were together at the time. We had got into an argument and he was drunk he started choking me with my daughter in my hands. I tried to run out fearing for her safety and mine, when I tried to run out of the door he pushed me and her head hit the wall and they thought she had a fractured skull because of this, which luckily it turned out she didn't. We went through family court and he was guilty of neglect, he is incarcerated at the moment but will be out in about 4 months. In the mean time I want to get her last name changed while he is still in there. He is a convicted felon and has a problem with drugs and alcohol. What more could I say for the judge to rule in my favor? I just hate to pay all this money and not have it turn out in my favor I am currently a student and just getting by as it is. Please help!

I'd be more concerned with making sure he doesn't get any custody or unsupervised visitation, rather than worrying about her last name. If you're granted full custody, then it doesn't matter if she has his last name; daycares, schools, and other places will not let him come and take her without your consent as long as you provide them with the court documentation.

You will probably need to get his rights terminated unless he agrees to a name change. And the likelihood of that is small. However, you can use any name you want to as long as there is no intent to defraud.