Greetings. If your ex-partner will not support your child and has failed to participate in her life for over a year, you may be able to terminate his parental rights. If his parental rights are terminated, then your new (hopefully) husband may be able to adopt your daughter. Otherwise, you cannot change your daughter’s last name without her father’s permission and consent.
Finally, many parents who suffered broken relationships have children with different last names, and this in itself should not be traumatic for your child. If it is, I would suggest some counseling. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.