Need Help!!!

Me and my husband just got married, we have a 1 year old son and i have a 4 year old daughter from a past relationship. I was 17 when i had her and his name is not on the birth certificate, paternity has never been established,he has never paid chid support, he spends more time in jail than out, but she does have his last name. She thinks that my husband is her daddy we have been together since she was 2. Her bio father knows how to contact me but doesnt, he has never gone through the process to have rights cause honestly, if he did he would have done it by now. We thought that just changing her last name for right now would be easiest but we keep getting told that we have to have a fathers signature. Im having a hard time wrapping my mind around this cause on her birth certificate she has no father, im the only one with any rights she dont know him and im not confusing her plus she wouldnt understand. But my husband wants to adopt her as well, but i know her bio father will not sign papers just to aggravate. We currently live in KY but will be moving in the near future to NC(we are a military family). Is there anyway that because he has not been in her life EVER, that we would not have to have him notified or not have to have him sign? Any information or input would be greatly appricieciated! Thank you ahead of time!