Can I legally have my 3 year old daughter's last name changed to my maiden name?

Question Details:

I am a single mother, my daughter was born out of wedlock but has her biological father's last name. I have an order of protection against him and he has many violent offenses filed against him by me and many of them happened in front of my daughter. He pays no child support but is on the birth certificate. I was wondering if I could have my daughter's last name changed to my maiden name without her father's consent because I know that he'll never give it even though he doesn't do anything for her. He  even said that he would fight against having to pay child support if I went after it.

Answered 7 years ago| Contributor
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to and retain an attorney to represent you.