Parentage Overview

In parentage cases (also called "paternity cases"), the court says who a child's parents are. If parents are married when a child is born, there is usually no question about parentage. The law assumes that the husband is the father.

Parents who are not married when a child is born can sign a Voluntary Acknowledgment of Paternity before they leave the hospital or after. The acknowledgment is recorded in the putative father registry maintained by the Department of Human Resources. See O.C.G.A. §19-7-46.1

When people who are not married can't agree about paternity, the court can order genetic testing. The superior and state courts have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state.

Usually a child's parentage must be established before you can get child support or custody and visitation orders. You can ask the judge for child support or custody and visitation orders as part of a case that establishes the child's parentage.

SO check out "See O.C.G.A. §19-7-46.1"

CHECK out the following:

If the N is a CONVICT (and it looks like he's a repeat offender, no less!) - and doesn't HAVE his name on the child's birth certificate...those would be the two facts I'd start researching.

IF the N IS scheduled to go to prison, and has a long record....hide out and wait; wait and LET THEM LOCK HIM UP!  lol

I'm assuming you are not employed or are underemployed for the pro bono aspect to be put to work FOR you.

Establish NC right away if you haven't already, or KEEP NC if you HAVE it established.

Don't worry about his atty - [his "mama" paying his bills, phhht, whatta "BIG MAN!"] - an N loser, like the one you described, would most likely NEVER be awarded custody; going the court/legal route though, a judge COULD however, award YOU sole custody AND Child Support.

The rule of CYOA applies.  DO your research. Ask questions. GET YOUR OWN ATTORNEY, before replying to anything sent by N or N's atty to YOU. DOCUMENT EVERYTHING, phone calls, harassing voice mails, letters, notes - from HIM or ANY representative OF him (mom, atty, sibs, etc.)

If there's a court date coming up soon, and you have no atty yet - you can simply go into court on your own (Pro Se) and ask for a continuance to obtain counsel/atty.

Simply tell the judge you

1. haven't had the opportunity to obtain counsel,
2. that you were SERVED THESE papers IN COURT as you were seeking a restraining order (tell Judge if you actually GOT one and why, if it applies) against the N;
3. that you've been blindsided by the Plaintiff's hasty filing of HIS documents and that you are simply not ready to pursue TWO legal avenues at the same time.

If you DID get the R.O., use that as justification whenever possible.

Keep a notebook (you might find you need several - one for documenting phone calls, one for keeping track of both cases): Case number, action title, and a brief summary of action/court dates/outcomes-to-date as a reference.

lecture over, class -

AND...READ READ READ everything you possibly can in here; check out lovefraud website. Check out the http://www.georgiacourts.org/aoc/selfhelp/legal.html

I hope this gets you started. I hope you come back here often, too. You'll find a ton of positive support and good advice here.

~BMOGS~

The various attorney's I have spoke with mainly recommend I agree with the legitmation

and then perhaps later fight the custody battle when he is released from jail.