Godparents Legal Form Defined
A Godparents Legal Form is essentially a document that appoints the godparent(s) as guardian of a child in the event of the death or incapacity of a parent. It is also a document that appoints the godparent as legal decision-maker in the event that the child’s parents are unable to make decisions that affect the child’s welfare, perhaps due to an accident or illness. A Godparents Legal Form is therefore different from a Will, in that it becomes effective at a specific point in the future rather than upon a settlor’s death. The Godparent’s Legal Form therefore mirrors the legal significance of a power of attorney.
Although a Will dictates who is in charge of disposition of a settlor’s estate following that settlor’s death , the Godparents Legal Form ensures that the rights and responsibilities of certain caretakers of a settlor’s child are legally protected. It is not uncommon for parents to provide for caretaking of their children by legal guardians after their death. By memorializing such wishes in a Will, the parents can know that their wishes will be followed in the way that they intended, and it will be much more difficult for parties to bring a claim against the Will.
Technology now allows for electronic completion and signing of the Godparents Legal Form. However, the Godparents Legal Form is only legally binding insofar as it is accepted under the laws of the relevant state that governs the Godparents Legal Form.
Why Legal Guardianship is Crucial
Becoming a godparent is an important role for many people. It is a physical, emotional and spiritual commitment and symbolic of lasting ties. But how godparents are nominated and placed into the lives of children is a courageous step on part of parents and parents-to-be to secure the protection and welfare of their infants and young children. All too often though, the definition of godparenting is blurred with the task of guardianship. Godparents do not have guardianship over their godchildren unless the parents expressly or formally appoint them. Many parents may define a godparent as someone "who will look out for my child if something happens to me." Whereas, this may be a noble thought, it is an incorrect assumption.
Parental appointment rather than legal guardianship is not a legally binding action. It is an informal relationship which does not confer upon the godparent, rights and responsibilities that a guardian would have. Too often, I have represented clients in litigation where another party barges in and seeks custody over the children. If the parents have not legally appointed the godparent, the battle ensues over who is the legal parent and who has the right to care for the children. It is tragic. Godparents find themselves in the midst of a war where they have no business being.
Often parents think that if I die, I will nominate that person to be the guardian of my child. However, the truth is that after your death, the nomination does not confer guardianship. Upon your death, a third party must file action with the Court for Custody seeking to be appointed as legal guardian of your child or children, irrespective of whether you appointed someone to be a godparent or guardian. Even if you appointed that person as the guardian, it does not matter. The person must take affirmative steps to establish their guardianship of your child. They must battle other people who may have more social and economic capital to assert themselves as the legal parent of your child.
The process is very involved, requiring that the third party file a Petition, serve notice on all other parties, possibly undergo a psychological evaluation, fingerprinting and background check before a hearing is held before a Judge in court. The Judge makes the ultimate decision as to who will be the legal parent. The reality is that if you want someone to be the legal guardian of your child after your death, then you must appoint someone to be the legal guardian of your child. You accomplish this by legally executing a Will and appointing a Guardian of the Person and Property. It is one of the many reasons why you should have a Will prepared.
What Does a Godparents Legal Form Entail?
The appointment of guardians and responsibilities for the care of a minor child or incapacitated adult by a godparent, compliments a general theory of respecting God’s plan for His children, and preparing for Him should the need arise. If the choice is to appoint a godparent, there are some critical components that must be taken into consideration. The following are the basic elements:
Appointment of Guardians
The list of individuals you will select to assume the role of guardians should be clearly defined.
Responsibilities
This section should set forth the specific role of intake of a child, relocation, defining the role of legal parent, parental rights, educational rights, medical care rights, moving out of state and what grounds your choice of guardian can be terminated.
Provisions for Care of Child
This subsection is particularly important for a parent who has enrolled their child into a certain faith. There may be a desire to have a provision that your wishes and your faith be closely followed by the guardian. All aspects of your care for your child during life, can be directly controlled through this legal document.
How a Godparents Legal Form Can Be Made
In order to create a legal form for Godparents, it is best to consult with your local family court or child services department. Requirements vary based on the state of residence.
Many parents decide to create a document naming Godparents for their children. The document should include the Godparent’s name, address and contact information and the name of the child. It should include other information about the terms of relationship using both secular and religious language (if appropriate).
The following typographical format is suggested:
This Legal Document is Entered Into Between (Parent’s Name) and (Parent’s Name) Petitioners and (Godparent’s Name) and (Godparent’s Name) Respondents. Each Petitioner is the guardian of (Child’s Name) and holds the position in trust for the benefit of the child.
Requirements
If the language is too religious, the court may take the position that the agreement is not valid or enforceable. The separation of religion from the potential custody power given to the Godparents is essential to protecting your child. Godparents are stepping into a role intended to help your spiritual development. Your intent in using the word "God" or "Espiritu Santo" or "Allah" or some other religious reference is to assist in the development of a loving relationship. The potential risk is handing over parental authority and play the devil’s advocate. Will the child be taken to church as soon as the parents have an altercation? Could the Godmother one day believe she must have the child attend a particular church (legitimate , sect, or cult) or else she will not fulfill her role?
The less religious involvement the better for this type of parenting arrangement.
Choices
Too often a well-meaning adult will see themselves as a substitute for a parent they did not feel was doing a good job. "I could do better," people think, then they become disillusioned. These people do not have the support system or connections to access support of what is required. This goes back to the prayer, "Lead me not into temptation."
Parents often think of the Godparents as their friends. That option is fine but you should ensure that the Godparent has an established relationship with your child. Requiring 6 months or more will typically assure the person is not just a friend. Instead, choose someone who has known you and your child for at least 1 year. A person in the same household or extended family who has been a consistent presence is a more valid choice.
Outline of Legal and Necessary Components
When choosing godparents for your children, there are some legal considerations to keep in mind. Godparents can be chosen at any time during the life of a child. In addition to considering the religious or spiritual implications, parents may want to think about the legal implications and requirements for godparents.
If the child’s parents die before the child reaches adulthood, the child’s godparent may have an opportunity to raise the child (if at least one of the parents has named them as the preferred guardian) and be legally responsible for the child. In addition to choosing appropriate people to act as godparents, it is important that these individuals be legally acknowledged as the preferred guardians of the children in the event something happens to you and your spouse.
Hiring a Wisconsin probate attorney to prepare a Will can make the process easier. It can also ensure that your godparents are provided with legal recognition by having them named as the preferred guardians of your children. The Will requires the person to sign the will benevolently and voluntarily, and that they will nurture the child in education and instruction and will protect and provide for the child’s health and support. This declaration is commonly known as a "declaration of guardian." With a properly drafted declaration and additional documents, the parents will have peace of mind.
Each state also administers its own laws and regulations regarding the appointment of a guardian for a child. Be sure to consult with a qualified and licensed attorney in your area. In most cases, it is best practice to have the request for guardianship put in writing. It should be filed with the juvenile court in your county of residence, regardless of whether your primary domicile is with your children or not.
Commonly Asked Questions
Frequently Asked Questions about Legal Form for Godparents
What if my child needs immediate assistance, my godparent legal form is not yet registered?
It will take a few months to get the form registered with Vital Statistics. In an emergency situation , we have a separate form that is available without registration. The only important piece of information to include on the emergency form is the telephone number of the godparent.
Are there any obligations for godparents?
A godparent makes a promise of care and guidance at the baptism ceremony. The promise is spiritual in nature and does not create legal obligations.
What if I decide to have a different godparent or no godparent?
You can change your mind and the authorities will respect that choice. No legal steps are necessary. Simply use a new legal form for godparents or update the contact information if it changes.
How do I change the contact information?
Complete a new form and be sure to note on the document that it is up to date.