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  1. #1
    mgmkitty is offline Member
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    Question Godparents rights?

    What is the name of your state? California

    If (gods forbid) my goddaughter was ever taken away from her mother for any reason (no abuse or anything like that at all!!), would I have any legal ground (as her legal godmother) to try to get custody of her? Would I have a chance against the state taking her?
  2. #2
    Whyte Noise is offline Senior Member
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    Please don't think I'm being an @ss.... but would you please tell me what a "legal" godmother is?? You went to court and were given this label by a judge?

    Being a godparent is an honor or tradition. It's not established lineage or anything remotely close to it. A blood relative would have more standing probably in a court of law than a godparent would.

    Again, not trying to be an @ss... I'm seriously curious of how one becomes a "legal" godparent. I've never heard of that.
  3. #3
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Godparents rights?

    Originally posted by mgmkitty
    What is the name of your state? California

    If (gods forbid) my goddaughter was ever taken away from her mother for any reason (no abuse or anything like that at all!!), would I have any legal ground (as her legal godmother) to try to get custody of her? Would I have a chance against the state taking her?

    My response:

    There is no such thing as a "Legal Godparent". There is a "separation of church and state" in this country. Being a "Godparent" is a religious matter, which has nothing to do with Civil Law; i.e., Civil law does not recognize the status of "Godparent." Only God recognizes that status.

    If "something" were to happen to a child's parent, you wouldn't have any "additional" rights over any other "third person" who would choose to Petition the court for guardianship.

    IAAL
  4. #4
    mgmkitty is offline Member
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    At the risk of sounding defensive, I don't mean to. But, there IS such thing as a legal godparent. I was informed by my lawyer that in the event of my best friend's death, her daughter would go to me. I received papers when she was Christened stating this. (I have 2 goddaughters)
    All I asked was what my chances were if my other goddaughter was taken from her mother, would I have a good chance getting custody?
  5. #5
    nextwife is offline Senior Member
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    A Christening is a religious, rather than a legal, ceremony. You WERE named in church. however, the law gives parents full autonomy (other than legal visitation agreements between parents) to determine which adults their kids see.

    Out of curiousity, is there a biofather, and what is his situation?
  6. #6
    mgmkitty is offline Member
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    The father skipped out. Wants nothing to do with his kid. He's in Europe somewhere. When 1 of my goddaughters was Christened, I received papers stating in the event of my friend's death, I would get custody of her daughter. Is this not the case? Is there a way to ensure I would get custody if my friend died?

    My other goddaughter is different. I wondered if I would have a chance at custody if her daughter was taken away. Do I have a shot?
  7. #7
    JoandJa'smom Guest
    MGM, sounds like your friend put you in her will and/or had a paper drawed up from her attorney that shows you would get custody in case of the mother's death, however that does not mean that you are a legal godparent. There is not such thing.

    JoandJa'smom
  8. #8
    stealth2 is offline Senior Member
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    And if that's what it is (a will), you need to be aware that while she can express her preference, the court is not bound by it. You're not allowed to will children to someone.
  9. #9
    mgmkitty is offline Member
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    Question

    Instead of going back and forth about what the paperwork says, can't anyone answer my original question???

    DO I HAVE A CHANCE AT GETTING CUSTODY IF SOMETHING HAPPENED TO EITHER OF MY GODDAUGHTER'S MOTHERS?????
  10. #10
    I AM ALWAYS LIABLE is offline Senior Member
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    Originally posted by mgmkitty
    Instead of going back and forth about what the paperwork says, can't anyone answer my original question???

    DO I HAVE A CHANCE AT GETTING CUSTODY IF SOMETHING HAPPENED TO EITHER OF MY GODDAUGHTER'S MOTHERS?????
    ===================================

    My response:

    Either you're not reading, or you don't understand what you're reading, or you choose not to believe what you're reading. I already answered your question - - particularly in the second paragraph of my initial post to you.

    IAAL
  11. #11
    bigpoppa Guest
    This is a funny post. Thanks for the chuckles IAAL.
  12. #12
    cimbarnett Guest
    honey i would have to agree with the others on this legal maybe not but then again the court always looks at who the child is close to and bonded with although you do not have the same blood you can still be in the running as long as you are close to the child and can provide for the child in a loving family type home blood doesnt mean love, but lets just hope you never have to worry about this, and you might wanna have the parents make a will if they wish to leave the child with you, if you are fit the stae would more than likely give the child to you
    Last edited by cimbarnett; 06-12-2003 at 02:31 PM.
  13. #13
    manda2020 Guest
    This is an article from Texas. Regarding Status of Godparent VS Guardian. Asking almost the same question as you. If you scroll to the bottom of the page the question is also answered. To get a general idea as to what you are as a godparent in the eyes of the numerous laws that go with both parents passing on.
    [url]http://www.premack.com/columns/1996/960530.htm[/url]
  14. #14
    I AM ALWAYS LIABLE is offline Senior Member
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    Originally posted by bigpoppa
    This is a funny post. Thanks for the chuckles IAAL.

    My response:

    Oh, I've been involved in much funnier posts in recent days. But, in all seriousness, our writer seems to think that because she received a copy of a religious Baptismal Certificate naming her as "Godmother/Godparent" that that fact somehow confers lawful rights to her in the event of parental death.

    In her "mistaken belief", our writer has gone so far as saying - -

    "But, there IS such thing as a legal godparent. I was informed by my lawyer that in the event of my best friend's death, her daughter would go to me."

    As an attorney for 23 years myself, I'd be extremely interested in speaking with her attorney about this matter. I cannot, for the life of me, fathom that an attorney (even the most religious attorney) would ever THINK of saying something like that to our writer.

    It's simply inconceivable to me.

    IAAL
  15. #15
    I AM ALWAYS LIABLE is offline Senior Member
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    Originally posted by manda2020
    This is an article from Texas. Regarding Status of Godparent VS Guardian. Asking almost the same question as you. If you scroll to the bottom of the page the question is also answered. To get a general idea as to what you are as a godparent in the eyes of the numerous laws that go with both parents passing on.
    [url]http://www.premack.com/columns/1996/960530.htm[/url]

    My response:

    That article was written in 1996. With the advent of the United States Supreme Court decision of Troxel vs. Granville, in 2000, along with its many progeny since then, even with designating our writer as the Guardian in a Will, or in a Declaration of some sort, the latest decision of the U.S. Supreme court decision would make her stay at the "bottom of the list", in favor of blood relatives being chosen first.

    Only if there were no relatives in this child's bloodline willing to take the orphaned child, then, perhaps then, the court would consider our writer to be the "legal Guardian."

    Her Baptismal Certificate confers nothing to her, any more than it confers something to me.

    IAAL

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