Legal Question in Family Law in New York
legal guardian vs. godparents
Myself and my husband have been
recently named godparents of our
friends child.
Does she have to get consent from us
if she decides to ask us to be the legal
guardians of this child?
3 Answers from Attorneys
Re: legal guardian vs. godparents
As godparents, you have no legal obligation to act as guardian of the child.
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Re: legal guardian vs. godparents
That depends on what you mean by legal guardians. Does she have a will and plan on naming you as guardians if something happens to her? If so, if you not want to be named legal guardians in her will, I suggest you let her know. Otherwise, a will naming you as guardians is valid.
Re: legal guardian vs. godparents
She should get your permission but doesn't have to. ALSO, you can not be forced to be a legal guardian just because someone named you so in their will. The Surrogate court would have to approve the appointment anyway when the time came.
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