I want to change my 8 year old daughter's last name. Her "father" hasn't been in the picture in over 5 years. He hasn't made any attempts to contact her and since she's been gone he's been to jail for domestic battery. He is also a known drug user and my daughter is better off without him.

And as soon as he signs to allow the name change it can happen.

Have you gotten a custody order though the courts, Is there a child support order

Changing her name does very little. It doesn't change his right to visitation or custody. So what you really want is to terminate his rights. With his criminal record you might be able to get a TPR. Or a court will say until he tries to exercise his rights they won't do anything.