Do you have to have written conscent for a minor name change if the father is incarcerated?

my child's father is incarcerated in county jail and is also a registered offender. He will be in prison for three years. Do I have to get a signed affidavit from him to change my child's last name? He has only seen her three times her whole life and all before she was four months old. She is now three and a half. I want to have her last name changed back to my maiden name but was wondering if I could petition it myself without his permission.