When my son was 1-1/2, his biological father John was very abusive toward me and ended up getting arrested. He moved out and left the state to California. My son is now 4 and I have remarried. He does not know John is his biological father yet and he believes he has the same last name as myself, my husband and our daughter.
My ex-husband refuses to allow me to change my son's last name. He doesn't pay court-ordered child support and he has only spoken to my son maybe 5 times. He expresses interest in being a part of his life but he doesn't make much effort.
Can I legally have my son's name changed without his permission? Would he be required to show up to court? Is it likely that a judge would rule in favor of the change considering the facts? Would I need an attorney to handle this?
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