You need husband consent to change surname of child 

in alternative obtain court orders to change your child surname after divorce 

Obtain court orders regarding change of surname of child 

Child's custody to you by an order of court will not automatically entitle you to change the name of the child which was named by both at the time of birth  or the child.

The consent of the biological father to change the name of the child is essential without which you may attract dispute or legal hassle, hence you may take care while trying to adopt such measure.

Whether he is not in connection or in touch with the child or you, the fact that he is the biological father cannot be changed due to this circumstances.

Hence it is required by law that anything that involves the child should have the consent and participation of both the biological parents.

Do not take any risk.

\You send him a legal notice about your intention to change the name of the child from so and so and seek his consent for this.

Let him give a reply or reject the notice, you can decide about further course of action after that.

- Since, you have got custody from the Court , then you can change your child’s name after attaining a divorce,without the consent of your husband. 

- But without divorce , even you are having custody of the child , you can not do the same.

- For changing the surname legally, you need a court order , from the same court as well , from where you got the custody of the child. 

- Otherwise, you can change your child’s surname without your husband’s consent as well, if your husband has not having a restraining order for such a change. 

- But, for changing in birth certificate etc , a court order is need in the absence of your husband. 

For rectification on birth certificate you will need court order

You can make a name change affidavit since child is minor, name change has to be published in two newspapers and copy of affidavit along newspaper cutting and prescribed application can be sent for gazettee notification. 

See if you have full custody of child you can do same if there is any objection you can file a writ petition before high.court and seek direction for same.

1. You may have the custody of your child but it does not uproot your child's legal heirship as Class 1 heir to his father. The grant of custody is nothing but an arrangement of keeping the child, it does not uproot the legal relationship between child and parent who has been denied custody or given a lesser frequency of visitation rights.

2. You cannot change the surname of your child without his biological father's consent.

Name change procedure to be followed and NOC  i must from the father of the child even if you have the custody you cannot make any changes without the permission of the father and even if father don't have any connection until the child gets major and later on he can change his own name as per his wish.

Dear Madam,

You cannot simply change a child's last name when you remarry or set up a new partnership. ... A mother, or father, cannot change a child's surname by herself or himself unless she or he is the only person with parental responsibility. Even then if the other parent objects a Court Order should be made.

With a valid reason and a court order you can change anything. It helps if everyone involved or affected is in agreement.

You can change your name legally in your place of residence, though the civil court system. But to change the surname on YOUR CHILD’S birth certificate, you would have to show that the surname on the certificate was incorrect at the time of birth.

If the surname was incorrect on the birth certificate, you would need to show that error (legally) and request a correction. This is usually done through the state’s vital records department. However, exactly what that office is called will vary from state to state, so I can’t positively say exactly what to look up.

If your surname at the time of birth is correct on the birth certificate, but you have since that time changed your surname, there is no need (and no reason) to change the surname on the child’s birth certificate.

Biological Father consent required to change child surname or  File a petition with the court explaining why a name change is being requested. Depending on local policies, the petitioner may be required to publish a notice of the petition in a public newspaper or on a court website.

Court order is Only for Custody of child, to change surname you need consent of biological father's.

Gazette notification will issue by collector office about surname change.

1. For changing your child's name in birth certificate you have to file a suit for mandatory injunction against sub registrar birth and death.

2. The suit is to be filed because there is no provision of rectification in birth certificate other than orders from court. 

The name of the child may be changed by following the procedure as is followed. An affidavit and publishing the name in the newspapers and official Gazette.

The child is in your custody then you have full right to change his name.