I have a three-year-old (will be 4 in January) who has my maiden name, as his biological father and I were no longer together when he was born. He has seen his "real" father three times in his life, all when he was a newborn. He hasn't seen him since he was 6 weeks old. After that, I would get an odd phone call here every 6 months or so. Last I spoke to him was about 2 years ago when he called to say he wanted me to mail him pictures of "his son" and that he would soon be moving out of state to Missouri. I sent him the pictures but never heard back after that. Dont know if he's still here in FL or if he moved. No longer have his address or his phone number.
Now here is my question. I recently got married and am expecting another child. My son knows he has another father out there, but calls my husband "daddy". He's been around since he was 1. The new baby and I will have my husbands last name, but I feel as if my son should, too. How do I go about getting my son's surname changed to share the same last name as the rest of his family? Do I have to somehow find his biological dad or will the court change the name without his consent, if they believe it is in the best interest of the child. Do I need to get a lawyer to do this?
Thanks in advance for your time,