Legal Question in Family Law in New York

Godparent Custody

I was wondering what legal right a Godparent has. A friend of mine is the Godmother of a child who's father has passed, and the mother is in the hospital. The grandparents are trying to take custody of the child, but my friends' name is on the birth certificate as Godmother. I was really concerned as to who has more of a legal right to the child. I look forward to hearing a response, it really means a lot to me,to know so that I can pass the information on.

Thanks


Asked on 5/21/04, 1:23 pm

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Godparent Custody

A godparent has no legal standing. However custody is determined from the stand point of best interest of the child, if a godparent can show that the child's best interest is best served by being placed in custody she can be awarded custody assuming that there can be shown an intention on the part of the parent that the child be placed in the godparent's custody.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/24/04, 9:59 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Godparent Custody

Godparents generally do not have "legal" rights or "standing" re child custody.

However, a parent may dictate by Will who 'should' be responsible for the care, custody health and wellbeing of the child; AND, provide for any of the child's beneficiary interests to be held, managed or controlled by the person who is the mother's choice.

A lawyer is needed ASAP.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 5/22/04, 2:09 pm
richard feldman richard d. feldman

Re: Godparent Custody

the godparents have no legal standing the grandparents would have priority

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Answered on 5/21/04, 2:17 pm


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