Changing the names has to go through the courts, and it is not an easy process.
As for him giving up his rights - very unlikely. Unless you have another father lined up to adopt the children, he won't be able to sign away his rights. They are more likely to go after him for the missing child support.How do i change the names of my children?
In order to change their names, you must go through the courts (or something similar, it probably varies by state), you'll have to first sign documentation with a lawyer (preferably someone in family court type law) and have at least 1 or 2 witnesses to swear on your behalf you are doing it for the welfare of your children and not for spite or anger.
For him to give up rights, he actually has to sign a waiver. All of this has to go through the legal system. I would want to look into if you could still take him to court for child support if he gives up rights (although you said he doesn't pay, so maybe you have hit that route already).
Either way, it's a long and strenuous process, especially if he wants to make it hard for you.
Good luck.
Some U.S. state courts have adopted simplified child name change forms, these forms can also be found in child name change kits on many sites where you can download printable legal forms, these sites are made for do-it-yourselfers and are usually inexpensive (under $15). States that have not created simplified forms will still allow you to file a formal name change case, but the forms will have to be obtained from a legal forms business.
Even after you successfully change your child's last name their birth certificate will remain the same, this is because they want some way to identify the father of the child. Child name changes do not interfere with child support, the times or schedules for visiting, and most obvious it does not interfere with your legal parental responsibilities your child is entitled to by law.
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