Can I change name of my child without biological father's permission?

I was married in October and have a 6 year old child by another man. The child has my maiden name. I recently took my husband's name since he wanted me to, but hesitated since I do not want my child to feel left out or different because of my maiden name being changed. The biological father is on the birth certificate but has no contact, is in and out of jail and has visited maybe 5 times in almost 7 years. He doesn't care but I know he would refuse to sign over his right, just because he could. My husband wants to legally adopt my child, but he can't until he agrees to sign over his rights. In the meantime, we would like for my child to take his name so the feeling of being included in the family is established and remains. I had another baby by my husband, so the 3 of us all have the same name but my first child. Can I legally get my child's name changed without having to deal with her biological dad since my child never had his last name?