[singlemominny]

My son is 2 1/2 years old and his father has not seen or contacted him in over a year. He fled the state of New York because he had warrants out for his arrest for drug possession and theft with assaulting the security guards. He is currently unemployed and has been hitch hiking around the country with his girlfriend. I have been granted sole custody with him having no rights to visitation. I have a petition for child support in order which he has failed to pay. He has not shown up to any court dates for custody or support. His parents were served the papers. He has told friends that he does not plan on coming back. Is there any way I can change my sons last name to mine without his fathers consent? I'd really like to have it done before my son goes to school. It's hard enough having to carry his birth certificate everywhere to explain to daycares that I am in fact his mother because our last names don't match.

[ScottGem]

No, you cannot legally change the birth certificate without, at least, attempting to get his consent.

A birth certificate is a legal document and requires a court order to change. However, if you show a good faith effort to get his permission or if he refuses, you may get a court to override his objections. For example, if he doesn't show up in court to object, you should get the order by default.

With warrants out for his arrest he is unlikely to show.