My question involves paternity law for the State of: West Virginia
So my son will be five this week and his father has not been in his life since he was about 2 years old, and his father also recently got out of jail for child abuse. I was wanting to change my sons last name to mine,but wondered if I had to get the fathers approval because he is the type to fight me tooth and nail not because he wants to see him or be a dad just to make me miserable. He is not on the birth certificate and has never paid child support. How would I go about this? thanks. Also do I have good grounds to stand on if I would go after his rights as a far after his charge of child abuse?

