I have a 3yr old whose father is in jail. He was found by child protective services to have physically abused her and my older child. I have sole legal and physical custody and I want to legally change her last name to mine for protective reasons. I have read in a code book that when the child is in danger the courts can grant the name change with out the other parents permission or knowledge. I had a protective order that he violated and was convicted of violating before it expired, I am awaiting the hearing date for a new one. I filed a petition for a name change but the courts sent a letter stating they weren't sure how to proceed. Is there anything anyone could tell me to help this along?

