My question involves name change laws in the State of: New York - Suffolk County
My 11 year old son has been asking to change his last name to my husband's for the past 3-4 years. His biological father does not participate in any of his daily activities whatsoever. Last time we heard from him he was living in another state (California) and promised to call my son back but never did. He does pay the child support but never on time. He actually has about 2 grand that he owes. My question is how do I go about changing my son's last name? I know I have to fill out the forms in suffolk county family court and I also know that I have to get consent from the biological father. What I would like to know is if it's enough that he hasn't seen or has been an active participant of his life so that I do not need his consent to change his last name? The biological father is somewhat of a conspiracy theorist and I believe he has some type of marijuana business in California. Would this be something I can bring up in court? Also - would this be just a name change or would it become an adoption?

