? Legal Godparents

[jaden96]

What is the name of your state? North Carolina
My husband and I are about to have to have our first child and have chosen godparents. My question is how to make this legal with the least amount of money and trouble. We chose friends of ours over family to care for our child in case the unfortunate should happen. I don't believe anyone would contest the matter but, we want to make absolutely sure that everything is legal and there are no holes.

Thanks to anyone who can advise me in this matter.

 

[seniorjudge]

I know of no jurisdiction in the United States that confers any kind of legal standing on godparents.

If what you mean is you want these people to have custody of your kids if both y'all die, then you can put that in a will that a lawyer should draw up for you.

The courts, however, in deciding who would have legal guardianship/conservatorship over your kids if both y'all are gone, is in no way bound by what you put in your will.

 

[jaden96]

Thanks seniorjudge. That is what I meant. So even with a Will your telling me my child/children could end up with ppl or family that I don't want to raise them. Wow, that is nice to know. Then why even fool with a Will are there now other provisions or documents that can legally will a childs custody in case the parents die.

 

[seniorjudge]

Q: So even with a Will your telling me my child/children could end up with ppl or family that I don't want to raise them.

A: You are correct.


Q: Then why even fool with a Will are there now other provisions or documents that can legally will a childs custody in case the parents die.

A: Children are not property and cannot be willed; that went out with slavery.



All you can do is hope for the best.

Thus is life.

 

[BlondiePB]

What seniorjudge said was correct. Also, check into a Stand-by guardian for your children with your attorney.

 

[jaden96]

Thanks seniorjudge and BlondiePB.
I don't have a Lawyer. Is that what I should do is get one? I was hoping that I could get advice here on what I should do. I haven't heard of a stand-by guardian. I know what is sounds like it is but is that legal? What is the definition of stand-by guardian since I only have a comman sense idea of what it is?

Thanks again. I really appricate any help anyone can give me. I want to cover all my options so my child/children are left with capble loving family if we can not be there.

 

[BlondiePB]

Thanks seniorjudge and BlondiePB.
I don't have a Lawyer. Is that what I should do is get one? I was hoping that I could get advice here on what I should do. I haven't heard of a stand-by guardian. I know what is sounds like it is but is that legal? What is the definition of stand-by guardian since I only have a comman sense idea of what it is?

Thanks again. I really appricate any help anyone can give me. I want to cover all my options so my child/children are left with capble loving family if we can not be there.

Lay term explanation is that a stand-by guardian is a person you nominate to have custody of your children until regular guardianship is established by the court for them. See a good probate attorney and get this done correctly.