18 Oct Godmother in Legal Terms
Today, it is very common for each child to have different godparents, as it is widely considered an honorary title. Since most parents want their children to grow up together, godparents are often not the same person. There are no legal problems or obstacles to this, and there is no need to mention it in legal documents. Being named godmother of a friend`s baby is an honor, but while it may confer religious responsibilities, it does not confer legal rights. A sponsor has no more rights than other members of the general public when it comes to making binding decisions on behalf of the child. If a couple wishes to transfer legal rights and obligations to the child`s godmother, they can do so by appointing their legal guardian for the baby. While the exact process for appointing a guardian varies from state to state, it is fairly easy to achieve in several ways. Many people assume that their child`s godmother has the power to raise them and the responsibility to take care of them in case they die or become unable to work. This is not the case according to the law, since the relationship between godmother and godson is religious and not legal. Appointing someone as your guardian, the person or persons legally designated to raise and care for your children in your absence, is one of the most important things you can do as a parent to ensure that your child is taken care of no matter what. There are many things to keep in mind when appointing your child`s guardian – the most important thing is that it requires more than one verbal agreement between you and the selected party and must be legally registered.
Parents can take legal action to appoint godparents as guardians if they can no longer care for their children. If both parents make a will and appoint a sponsor as their preferred legal guardian, it is likely that the court will accept them. Some states also allow parents to appoint sponsors as guardians through another process, sometimes called “parental appointment of a guardian.” Some Chinese communities practice the custom of bringing a child with a relative or family friend who becomes godmother (yimu / ganma 義母 / 乾媽) or godfather (yifu / gandie 義父 / 乾爹). This practice is largely non-religious in nature, but is often practiced to strengthen bonds or satisfy a childless adult`s desire to have a “son/daughter.” In most cases, an auspicious day is chosen, where a ceremony takes place where the godson pays tribute to his new godfather / godmother in the presence of relatives or friends. [46] A sponsor is usually a person chosen by the parents to sponsor the child in a church. It is most commonly found in Christian churches, although other religions also have the role of godfather. Before modern guardianship laws, godparents also assumed responsibility for raising children in case parents were unable to do so. However, this was not a legal norm, but simply a tradition that some people still (wrongly) confuse with the law. Has the appointment of a sponsor for one`s own child become the same as the appointment of a legal guardian? The answer is no. As parents, in addition to our immediate family, whose children we hope will be under the supervision of others, are the godparents. And they also have a special role, especially when something happens to parents.
In the beginning, being a sponsor is sometimes a responsibility entrusted to you. However, there is also one thing that parents sometimes do not consider during the process. These are the legal consequences for children once the process is complete. This does not mean that if something happens to the parent, the sponsor will replace him. Simply put, the main difference between a sponsor and a legal guardian is the legality of the relationship. Being a sponsor means that you are actively participating in the child`s life, but it is usually more of a religious role. A guardian, on the other hand, has a very specific role: to take care of the children if both parents were to die. Although their status may change, godparents still fulfill only religious or cultural roles, not legal roles. Guardians, on the other hand, can intervene to care for children when parents are not available and make all practical decisions regarding housing and daily living for them.
The short answer is yes, but only if you name it as such. Of course, there are pros and cons to choosing your child`s sponsor as your guardian, so weigh your decision carefully. Consultation with a lawyer on the production of official sponsors that you have established through your church. In my experience, I think it is a difficult process to follow legally. I advise you to do it at the beginning, as long as everyone is alive and healthy. And let him already rule through the right channels. Again, there are many things to consider, and appointing more than one tutor can seem complicated. If your family situation is complex or there are other factors, such as: Your appointed guardians who live out of state, you should contact an estate planning attorney to make sure your files are in order. To learn more about choosing a parent or guardian, click here. Regardless of any legal or religious significance, the concept of godfather and sponsorship is certainly alive and well in celebrity culture today. Godparents were also considered to be the person(s) who would care for or raise the child if their parents died.
However, it is important to remember that sponsors do not automatically have legal rights over a child. 10.1. Each candidate can have either a godmother or a godmother, or both a godmother and a godmother. Choosing a guardian for your child is an important decision. You want to choose someone who has your child`s well-being in mind and helps them recover from your death. There are many things to keep in mind when choosing your child`s legal guardian, for example: More than ever, we want to ensure the safety and well-being of our loved ones. Arrangements for children and future planning for our children are a natural part of this. As with any important life decision, it`s common to have questions. And there are many things to think about before choosing a sponsor or guardian for your child.
Visit our Facebook page: @amurphylegal Instagram: @amurphylegal In this case, your child`s legal guardian could then ask the court for parental responsibility and rights and ask for an order for your child to live with them permanently. If the person the parents designate as their godmother is their most reliable friend, they can take steps to appoint her as the child`s legal guardian in the event that they die or are unable to work while the child is a minor. This gives the parents security and the child organized future care. One way to do this is in a will. If both parents make a will and name the godmother as their preferred guardian in the will, it is very likely that the court will name her. Although there are many types of guardianships, we are talking here about guardians who are appointed to assume parental responsibility after the death of one or both parents. Should such a tragedy occur, Scottish law looks at the parents` legal writings, which are usually found in their wills, to determine who is the qualified person to take responsibility for your child. The person named in your will is called a “legal guardian” and would have the right to claim parental responsibility for your child if you die.
Simply put, godparents have no legal rights, while guardians do. After the death of a parent, the guardian can request parental responsibility and rights for your child. If a couple has a child, they can choose to choose godparents for their newborn. Godparents act as godparents to the baby at baptism and agree to actively engage in promoting the child`s faith as the child grows. But this is an ecclesiastical appointment, not a legal one. Guardians have no legal rights as long as both parents are alive. However, if one of the parents died, he or she would have the possibility of assuming parental responsibility for the child even if the other parent was still alive. However, sponsors have no legal rights to the child and they do not have the right to custody or access. More importantly, they do not have the legal authority to make decisions for parents when the time comes when they are unable to do so themselves. Mark F. Moss, Esq, a licensed estate planning attorney in Florida (and therefore can only speak with Florida law), says, “Just because someone is a sponsor doesn`t mean they hand over the child to them because there`s no legal relationship.” The Spanish custom was also adopted in the Philippines, a predominantly Christian country in Southeast Asia that was once part of the Spanish Empire. The Filipino terms ninong for godfather and ninang for godmother have also been borrowed from Hispanic custom and apply to godparents both to the baptism of a child and the subsequent confirmation of the child.