[Arcel]

My ex and I were together when my son was born and I mistakenly gave him his father's last name assuming that he would play an active role in his son's life. Well, he has not seen my son in over a year and has never paid child support. Even though his name is on my son's birth certificate, does anyone know if it is possible to change my son's last name to mine without getting his father's consent? How can I change my sons last name?

[Fr_Chuck]

So you have went to court and have a custody order ? Also do you have a child support order to order the father to pay child support ? Have you taken him back to court for non payment of that order ?

In general no, unless he signs and agrees to change the name, the courts will not change the name. You can try of course to convince the court it is in the child's best interest to have the name changed, It seldom works, but it is possible.

[ScottGem]

I mistakenly gave him his father's last name

Why do you think this was a mistake? You are generally required by law to list the father's name if known.

has never paid child support. Even though his name is on my son's birth certificate,

His name on the birth certificate does not legally obligate him to be a parent. Did you ever go to court to compel him to pay support? If you haven't then you are doing your son a disservice.

does anyone know if it is possible to change my son's last name to mine without getting his father's consent? How can I change my sons last name?

It is remotely possible, if you can convince a court it is in the child's best interests. But unless the father is a notorious criminal that is unlikely. For example, if his father is Bernie Madoff, you could probably get it changed. The court will generally require the father's consent. Or indifference. If he is served and does not respond to court, then the court may grant the change.