Can I file a petition to establish paternity if the other parent has done the same in another county but has not served me yet?

The proper venue (county) for a paternity action would be the county that the child resided in for six (6) months prior to the filing of the action. If you recently moved, with the child, to another county, you would have to live there for six (6) months prior to filing a paternity action there. There is no advantage to being the respondent or petition in a paternity action, once it is either agreed or established that the father is in fact the biological father of the child, then the court will make a determination of parental responsibility (custody) and timesharing (visitation) based upon the best interest of the child. If there is a history of abuse then you should hire an attorney who can properly present this evidence in order for the court to make the best determination of parental responsibility and timesharing for your child. You can find highly rated family lawyers using the "Find a Lawyer" tool on 's website. Please let me know if this was helpful by hitting the helpful button. Good luck.

Do not waste your time (and money) by filing your own case. There is no advantage gained by being the person who filed the paternity case.