child name change

OK my son is 5, His father and I were never married. My son has my maiden name as his last name. His father is NOT on the Birth Certificate. His father pays support buts is not in his life and does not choose to be.
I am now married. My husband plans to adopt but we are stationed in Germany with the Army. We cannot do the adoption process until we get back to the states.

Can I change his last name, now. He is confused already about his last name. He has never known anyone else except my husband now as his dad. How hard is it to now change his last name to my married name we are from NY Thanks

As usual, I hate to be the bearer of bad news, so here goes...

You cannot legally change your son's name, or have your husband adopt him until his biological father consents. Any lawyer/judge will tell you that you must have consent by the biological parent before a name change, or adoption can be pursued, regardless if he chooses to have visitation, or not. He does pay support, and has not signed off his legal parental rights, so he still is considered to be the father. sorry.

No reason to be sorry. Ok I should have added that we tried an adoption already but becuase my husband is in the military it screwed up things. All the paperwork was in biological signed papers but before NY could do home study we got stationed in KS. Now we are in Germany we move about every 3 yrs. His bio dad will gladly sign the papers.
Even if my son has my last name(maiden) not dads his dad as to agree??

If he will sign off rights, then after, he has no say so, regardless of who's name you give the child. However, if he still has his parental rights, you must have his consent to change your son's last name to anything other than what it is now.