My sons biological father has not been in his life for 2 years first year wanted nothing to do w him second year because he's in jail now I'm married and my son thinks his last name is my husbands and that my husband is his dad how can I change his last name to his and his biological father has never paid support and he's 8?

Do you want your new husband to adopt or do you just want to change his name, it is not the same thing?

Either will start with getting the bio fathers permission.

At 8 a child should know his last name ( real one) and should know that the step dad is not his real dad. It gets harder and will cause the child to be more upset the longer it goes before he finds out.

No he knows what his real last name is just choose his step dads and to adopt we would like because his father is in jail for dealing drugs my son new his father only when his dad wanted something from me but since he stole his playstation he hasn't been the same kid and he's been in counseling and finally back on track and his real dad getting out I don't want to mess things up and I also have sole custody has never showed up to court for child support or custody over the years and he has a wife now that's pushing the issue.

Plus I have never pushed the issue on him to call his stepdad dad he called him by his name for the first year and now calls him dad for past year n half n he also chose to use his last name over his real one I just think it's in best interest it stays this way for my sons happiness or would I be waisting my time w lawyers n court?

Most likely he would not fight an adoption, or a name change, but in either unless he will sign you need an attorney and show it is for the child's best interest, the prison time will help.

Okay thank you so much for the help just don't want to waist my time and want my son to stay safe n happy rite where he is!

If your husband is a willing to adopt, that would be the best option. I would consult an attorney. Have the attorney send the bio father a letter asking if he will agree to the adoption. If he will, then you can go ahead with it.

If he won't, the attorney can explain what would be required to go ahead without his agreement.