I have a 7 year old son and I live in a different Florida county then where he was born in Florida. His biological father has been put in jail a few months ago for sexual abuse to a minor that is not my son and he is currently in trial. His charges will put him in jail for life or at least until well after my son is grown. I recently got remarried and I would like to have my son's name changed to match my new name without having him legally adopted by my new husband. Do I need to get the biological father's consent for the name change even if he is in jail and in another county or can I just petition the court with my name change request based on the current circumstances. He is on the birth certificate and we were married at the time of the birth of my son. Our divorce shows that we have shared parental responsibility and I have primary residential responsibility of my son. The divorce also shows that my X was to have only supervised visitation with my son due to a previous crime he committed with endangering a minor. Any assistance on this matter would be appreciated.