I have a four year old daughter and I'm currently working on a divorce, from her father whom I have not spoken with since April and he has not made any contact with me or our daughter. He doesn't pay child support which he is ordered too. I have no phone number to contact him nor do I have a address. He is a bum and a drug addict who stays in random places at friends. I was told that I have to file separately from my divorce decree for me to change my daughters last name to my maiden name? Is this true?

Where you are located makes a large difference, but in general, a change in the name of the minor is separate and requires the permission of both parents, or one parent will need to show why this name change is to the benefit of the child. ( not just because the other parent is mad at the other)