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When a divorce is occurring, the noncustodial parent must sign the petition to consent to the name change. But if the noncustodial parent hasn't met child support obligations and hasn't communicated with the child in two years, consent is not required. Consent is also unnecessary if the noncustodial parent has been convicted of child abuse or a sex crime. If your ex spouse wants to change your child's name without the your permission, she must initiate service of process on you, either by process server or by mail. If you can show you, the noncustodial parent, hasn't complied with a support order for two years, the court may let her skip service of process. SO to answer your question, no she cannot without your permission but if you are concerned about that I would address it with the Court.
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