Can child custody be filled if maintenance case is going on

Hi, I have filed a 498a on my husband in sep 2016 in rajahmundry. I have filed a maintenance case on Nov 2017. I have a 5 year old daughter who is currently in ukg, she will be going to first standard. Her father is irresponsible from the beginning, he never took care of her. From last two years, he didn't even speak or tried to contact the kid. He didn't even file for child custody or divorce. I am taking care of her completely even with respect to her finances are without compromising on standards. I am currently not working and we are staying with parents in rajahmundry. My kid is studying here in rajahmundry itself. Now, in aadhar of my kid, she inherits my surname whereas in birth certificate she has her father's surname. Can my child inherit my surname without any legal process? Can I file for complete child custody with maintenance case going on in parallel.