At Nancy Burnett Law, we assist fathers in taking the necessary legal steps to be recognized as full legal parents under Georgia law. If you’re a biological father who was not married to the mother at the time of your child’s birth, you do not automatically have legal rights to your child, even if paternity is established.

Legitimation is the legal process that allows you to gain those rights. Without it, you may be denied custody, visitation, or even the ability to object to your child being adopted.

Why Is Legitimation Necessary in Georgia?

If you weren’t married to the child’s mother at birth, and you didn’t later marry her and openly treat the child as yours, you are not the legal father, even if you’re listed on the birth certificate or paying child support.

This means:

• You cannot automatically get custody or visitation.
• You have no legal say in major decisions for your child.
• Your child could be adopted without your consent.

Legitimation fixes this, but it’s not automatic. The court must approve it based on what is in the best interest of the child.

What Can Affect a Legitimation Case?

Even if you’re the biological father, the court may deny legitimation. Reasons can include:

• Criminal history involving children
• Lack of stable employment or income
• Health issues that affect your ability to parent
• The mother objected, and the court agreed

We help you present your best self to the court and support your relationship with your child through every step of the process.

Why Choose Nancy Burnett Law LLC

Your bond with your child matters. At Nancy Burnett Law, we handle legitimation cases with deep care and strong legal strategy. We understand how to demonstrate your role in your child’s life and how to protect your rights as a father while focusing on what is best for the child.

FAQs

Q: Does establishing paternity mean I have legal custody?
No. Paternity only proves a biological relation. You must still file a legitimation petition to gain custodial or legal rights in Georgia.

Q: What happens if the mother objects to legitimation?
The court will hold a hearing and make a decision based on what is in the child’s best interests. Legitimation is not guaranteed even if you are the biological father.

Q: Can I stop an adoption if I haven’t legitimated my child?
No. Without legitimation, you have no legal standing to contest an adoption, even if you’re the biological parent.

Q: How long does legitimation take in the state of Georgia?
It varies, but with full cooperation and a strong case, it can take a few months to resolve. Contested cases may take longer, depending on the court’s schedule and the complexity of the case.