If it is legal in the U.S. for my 13 year old son to use his step fathers last name?

beccab

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I am divorced and have been remarried for 9 years. My son from my first marriage will be 14 this year. He hasn't gone to his biological father’s house in about 4 years. He thinks of my husband as his only father. For years he refused to use his birth last name and told people that his last name was the same as his step fathers. I have let him do this but, have still used his birth name for things such as school, doctors etc. My question is " Do we have to fight my ex husband to change his last name to mine and his step fathers?"
 
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