My husband and I have a two year old little girl, and we are getting our wills done soon to ensure her safety should something happen to us. We have decided on a guardian for her, my best friend. However, our families are outraged at this and would probably try to wrest custody of our daughter from our chosen guardian should we die. Would establishing her as Godmother make her legal rights to our daughter more valid, since she is not a blood relative? If so, How would we go about it?
Answers:
Being a godparent is not a legal relationship. It is a relationship within the church. A godparent looks to assist in the religious upbringing of a child.
I would advise you to have properly drafted wills containing the appointment of a guardian of the person of your minor children. The courts will honor that appointment over the objection of family members unless the family members can prove to the Orphans' Court that such appointment is NOT in the best interests of the child. It makes no difference if the proposed guardian is not related by blood or marriage.
Your next step is to make an appointment with your lawyer to have your wills drafted.
Godparents have no legal rights but, you can name them to have custody of your daughter in your will.
Godparents is not a legally relevent concept. It is a church thingy.
The courts place great weight on the wishes of the parents in their will regarding custody no matter how much the blood relatives throw a hissy fit.
However, at the end of the day the courts will apply the best interest of the child standard.
At least that is how I understand it. Discuss it further with the atty who is drafting your wills.
Being a godparent does nothing legally. That job is really more of a religous thing where you are to help guide the child as they grow.
I would talk to the attorney who is doing your will. Perhaps if you write in some good visitation, you will be able to deflate things by indicating that if they attempt to oppose the will for any reason, they will lose the visitation rights.
Keep in mind that your families are hurt because they love your little girl and want her to be a part of their lives forever. Make sure that you take steps to ensure that this takes place.
And make sure that your best friend knows that stupidity can end this -- if she gets into drugs, alcohol abuse, etc. that the rights automatically default to a family member -- this will protect your little girl as well.
God parent's have no rights. You are wise in getting your wills done %26 spelling out who you want your child to be with if something unfortunate should happen. As long as the person that you've chosen is "fit" then there should be no problem. Your family is feeling hurt because they probably feel that you don't trust them or something. What are your reasons? Explain them to your family if you can. Your family could try to dig up dirt on this person should something happen to you but unless they're a "murderer or molester" then I don't think there's much that can be done.
My best advice is to call a custody lawyer %26 do a "free" legal consultation. Most lawyers offer this. That way you can make sure that your wills are "airtight".
You can also make a video tape of the both of you reading your wills when they're done %26 that way if it were taken to court upon your deaths, then the judge could see that you were making a decision under no duress and that it was truly your wishes.
If you have a properly drafted will, the wishes of your family will be irrelavent. Make sure that your wishes are clearly stated in your will and that the potential gaurdian is fully aware of the situation.
I'd up my life insurance just a bit to help with any possible litigation.
I'd make sure that the attorney handling my will is fully aware of the situation and adds any needed clauses to the will.
I'd also make sure that copies of the will are given to any unrelated parties that might come to your child's defense in the event of your death. The more people who know and understand your wishes, the better.
and no, naming someone a "godparent" does nothing. That is not a legal term.
***** You might ask your attorney if you can SPECIFICALLY EXCLUDE the ones who you think will try to get her. Basically state in your will that under no circumstances is it your wish for her to end up with Xxxx and Xxxxxx.
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