Getting back to the actual legal issue in the name change (leaving out the allegations as to the mother's motivations).
Louisiana is a bit different than many other states. No, just "serving" the father is not enough. He must consent. There are only three cases where the name change will be considered over his objections:
1. The other parent has refused or failed to provide court ordered support for at least one year;
2. The other parent has failed to support the minor for at least three years after custody was awarded; or
3. The other parent failed to support, visit, communicate or attempted to communicate with the minor without just cause for at least two years.
So, if one of these has happened, she's free to serve him in jail and take her chances with the judge. If none of these have occurred, then the judge should not consider the petition unless the father joins in.

