Quote Quoting Mr. Knowitall
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If dad won't agree, mom can still try to convince the court that it's in the child's best interest to permit a legal name change. As it stands, if there's been no contact and no support for almost three years, odds are dad won't even appear in court to challenge a name change petition.

See 735 ILCS 5/21-101.
thanks for the advice. i really appreciate it.