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josephine1949 · Sep 4, 2013, 01:13 PM

My daughter's father has filed legitimation and custody papers in Houston County, Dekalb County, Fulton County, Clayton County and Henry County.

The first court was Houston County, The judge denied legitimation and custody and visitation. Since then he has filed in all other counties trying to avoid the current order already. He sends me mail contantly regarding the cases. I have moved to avoid all contact with him. My TPO expired and because he stop the violence towards me, they did not grant an extension. I closed my business due to his physical appearance at my place of business showing up to discuss visitation in front of my customers. He passed out massive flyers stating that I was harming my daughter and for my customer and fellow business owners to save her, pleading with them and in one instance calling for my death. Dekalb County will not issue a TPO. Currently, I have a case pending for harassment in the county which I live. However, I still need to file an injunction and need help doing so.

Last year he was convicted of criminal trespass and was ordered to serve 12 months. He got out early and no one notified me. Previously he attempted to kidnap my daughter. I have a lot of legal needs, I realize that. I am hoping to solve them one issue at time.

I am a single mother and her sole provider and cannot afford an attorney. Legal aide cannot assist me because they are assisting him, they call it conflict of interest.
He does not pay support and claim he cannot afford to. I do not allow him to visit with her anymore due to some allegations made over a year ago concerning him being inappropriate towards her. Since, I cut off visitation, He has gone mad trying to get me in court for custody.

Any advise would be of great assistance.

smoothy · Sep 4, 2013, 01:21 PM

If their was a court ordered custody and visitation order... YOU don't get to make that decision legally... he would have legal grounds to go against you and the court would back him up.

Anything has to be done through the courts. Once established by the courts... YOU would be in contempt of a court order until you got it modified by the court.

You are providing him with the ammunition to use against you.

ScottGem · Sep 4, 2013, 01:46 PM

If he files in another county, you simply send that county a copy of the existing order and ask that they discharge his petition.

josephine1949 · Sep 4, 2013, 02:03 PM

Greetings Smooth..

I am not certain if I made my explanation clear. He filed against me in 2009 and the judge denied
His petition that was for legitimation, custody and visitation. The standing order denied him the right to legitimate her, denied him the right for visitation,and custody. Since he has filed in those counties the same petition. I was asking how to file an injunction to keep him from filing again, I thought he had to appeal the judges decision from Houston County first? The injunction would stop him from these bogus petitions. Court time, gas, parking, extra day care etc.

talaniman · Sep 4, 2013, 02:30 PM

I would report him to the original court that first handed down the ruling. Maybe the county clerk can help you with the way to file an injunction, but a lawyer is best. You are spinning your wheels and bearing expenses that could go toward good legal advice.

smoothy · Sep 4, 2013, 02:46 PM

Originally Posted by josephine1949

Greetings Smooth..

I am not certain if I made my explanation clear. He filed against me in 2009 and the judge denied
his petition that was for legitimation, custody and visitation. The standing order denied him the right to legitimate her, denied him the right for visitation,and custody. Since he has filed in those counties the same petition. I was asking how to file an injunction to keep him from filing again, I thought he had to appeal the judges decision from Houston County first? The injunction would stop him from these bogus petitions. Court time, gas, parking, extra day care etc.

Thanks for clarifying that. I understood that there was a custody order from the court that allowed him visitation.

I'm confused by the Legitimation part... has it been proven someone else is the father?

josephine1949 · Sep 4, 2013, 06:58 PM

No, the previous order denied visitation and legitimation. He is the father and has not denied that. However, I am wondering if the injunction will stop him from his court actions against me until he deals with the existing order by appeal. I want him to stop filing and taking me to court. I want him to stay away from my dwelling.