Hello, any advice would be greatly appreciated. I started by asking my 2 year olds father to consent to name change. When she was born we were not married (never did) but I was under this assumption of soon gaining the same last names so I gave her his. Shortly after her birth (about 6 months) he began being more abusive and I left him soon after (about a year). Now away from him I have gained some confidence back where I have forced child support and now am fighting his lawyer to keep sole custody. No problems there but when I asked for name change he blew up. First he requested his "belongings" (guns but I refused BC he is a felon) back and he would consent. When I refused he made his usual comments "well try anything and you know what'll happen". He never makes direct threats but that'shis ccourse of abuse and always has been until we're alone then he carries out his non threats by hitting, pushing, shaking, yelling or whatever. So now my main question (sorry for the length) can I change her last name from her abusive fathers to mine without his consent? What procedure can I take?
Your tone is vindictive. Give him his belongings back. It's not your role to withhold firearms simply based on your personal opinion he shouldn't have the right to them. That's for law enforcement and the criminal court system to judge, not you. If you feel unsafe, request a protective order. Your daughter has a name. Don't take that from her because of you personal resentment. You've got his money - be content with that. It sounds like you should seek counseling for your anger before it negatively affects your daughter.