The Meaning of Being a Godparent

A godparent (or a guide parent, as it’s referred to across many languages) is a role recognized in many cultures, both secular and religious. Traditionally, the concept of a godparent was that of a kind of religious mentor, who would ensure that one’s child was raised in accordance with the teachings of their faith.
In modern times, however, many elders and leaders in a community may act as a guide parent, assisting in the raising of children to not only ensure that they are properly taught the important lessons of life, but to instill in them a sense of the values that are important to one’s culture. In fact, in many cultures , the greatest importance of the position of the godparent is that of cultural mentor—often, the godparent is called upon to provide emotional support, philosophical insight and, sometimes, financial assistance.
Indeed, many cultures consider the bond between a parent and child to be all important, and they do not necessarily care about the biological link that sometimes makes it so critical. Instead, it is recognition of the value of the position itself that provides them with the stature they enjoy. Unfortunately, there are those that employ the role as a means of birthright, appointing them as little more than a means of passing down a family’s wealth and influence.

What it Means to Name Someone as a Godparent

While it might sound like a godparent has some sort of legal authority or status under the law, this could not be further from the truth. While the term is broadly defined, it is not used in family law. A 1999 In re Adams Pennsylvania child custody case explains: [T]he term "godparent" does not appear in our [Pennsylvania] legislature’s Family Divorce Law…to be a "godparent" has no legal significance; it is merely a colloquial term in America for persons who may have assumed some degree of care and concern, or perhaps even responsibility over a child. Another 1986 In re Roe Pennsylvania child custody case holds that "the concept of a ‘godparent’ has no legal significance within the context of the Pennsylvania Legislature’s defined Family Divorce Law." The 1977 In re Sienkiewicz case further refutes the notion of godparent status being a legal authority: A "sponsor" (godparent) is not a legal guardian. Unlike a legal guardian, a sponsor has no rights over a child, no duty of support, and has no custodial rights. Rather, a sponsor is someone who assumes some obligation on the part of a parent to provide for the religious and moral education of a child and to act as a long term mentor.

How to Legally Establish a Godparent

While it’s common to select a godparent to step into your role as a caretaker in your child’s life, that honor may not come with any formal benefits or even legal authority. The exact parameters of the godparent role will depend on the understanding you and your partner have with the selected individual.
If you would like to legally document the designation and have the option to appoint your child’s godparents as guardians in case of your death, consider preparing a will that includes them. Your will may direct that your nominated guardians have preference over anyone else, and that they be responsible for your child if both parents die before the child is an adult.
Although it’s not a requirement, some people will also document the selection of a godparent with a declaratory judgment for personal records. A declaratory judgment is a document that confirms a particular event or status, such as the naming of a guardian for a minor child.
These steps can be helpful in the case of a dispute. In some cases, grandparents or estranged parents of the child may want to deny your chosen godparent custody of your child. Having documentation of your intent to name the person as the child’s guardian can help eliminate contention.
In addition to describing your wishes for the potential guardianship of your child, you can also include supplemental information in the form of a letter of intent. This letter can describe for the prospective guardian any information concerning medical conditions, personal matters and your expectations for the child’s care. Unlike final wishes in a will, letters of intent are not legally binding. However, they can help provide clarity to a guardian appointed by a court.

Utilizing Legal Professionals

The legal process of making someone, a godparent, and the consideration to select the godparent should be done with caution. No one wants to have a misunderstanding about such an important and sensitive issue. Consulting a legal professional and discussing your concerns and desires is important, whether it be for peace of mind or you simply want to make sure the right things are in order. Selecting the right lawyer or legal advisor is also important . You do not need an estate planning lawyer if the issue is dealt with early with consideration to a godparent. Instead, they should simply review provisions, such as a letter of intent, that ensure such intention meets the correct legal expectations. A family lawyer on the other hand, can help this process. Make sure to have the right professional to help you state your intentions and expectations.

Commonly Asked Questions

When considering the nuances of whom to choose as your child’s godparents, many parents have questions. We’ve addressed several issues here, but listed below are a few other common questions:
Is there a financial obligation on the part of the godparent?
Your choice of a godparent is not based on their financial well-being. By not being legally bound in any way, godparents should be under no compulsion to provide anything more than what they would do for any other child. However, many times, godparents do participate financially in raising the child. They may help with the child’s education or even medical care without any contractual stipulation to do so.
Does a godparent have any rights over the child’s upbringing?
Godparents have no rights over the child in terms of legal guardianship, decision-making, visitation, and so on. They are like a fun aunt or uncle who can have a significant influence but no contractual authority. Of course, one can go to court to obtain guardianship and the right to make important decisions but that’s a very different process and the commercial decision-making rights of the godparent remain unchanged.
How do I talk to someone about being a godparent?
The choice to become a godparent is not easily made or even accepted. Certainly, your closest friends might jump at the chance, but others may think that you are playing favorites. Keep an eye on how a godparent takes the news and then retool if needed.

Modifying Godparent Roles Over Time

When children are young, "godparents" have a loose definition. It encompasses trusted family friends who may take an interest in your child’s life. Godparents may help raise special needs children or step into the picture in case of an early death of a parent. They might be called upon in your will to exercise care over property at a child’s majority age. Many parents have friction with immediate family over godparent selection. These are things we often see in estate planning cases.
As children reach adulthood, their own lives become of greater concern. This is often when the priorities of a parent and their godparent may shift. For instance, if you and your friend are named as co-trustees of a trust for your child and there are relationships shifts as adults, it may become uncomfortable for that to continue. Or, some persons may drift into tragedy, and a new family member may be better suited to assume the role.
If you reach untimely death or incapacity, a person named as guardian has a legal right to serve as a parent substitute. But, should you wish to disregard the appointment in your will, you can disqualify them, and even renounce the appointment in a court proceeding.
Duties of Parent and "Godparent" Many parents wish to give their disabled adult child freedoms so they can make their own adult choices. Some parents remain involved in the life of their child long after frequent contact may be finished. Parental decisions may or may not last into the child’s adulthood.
Parents or guardians must provide medical, educational, and other basic care to the child until they reach adulthood (or reach a defined age). If a parent dies, the "Godparent" can advocate for their place in the child’s daily life. However, if a parent still lives, but is incapacitated , their wishes are primary. A parent may designate a within their last will and testament, who they wish to assume the role of caretaker if he is incapacitated.
In some cases, rather than waiting to see if the parent becomes ill, parties may wish to legally authorize a third party to act on their behalf. This authorizing appointment can last only until they regain lucidity, or may be indefinite. In a similar manner, if a current third-party is behaving in ways that are injurious to the wards, removal by court action is possible.
Guardianship Post-death and incapacity, the representation of a child takes on a more formal process. Courts require any fiduciary, to act in defined roles, in the child’s best interest. Beliefs of the guardian are of little relevance compared to what is found to be in the best interest of the child.
Parental or guardian powers are given through a will or revocable living trust. Since parental designations are made in advance of incapacity, they are often intended to last until the minor child reaches adulthood. However, you may include language in your will or trust specifying that the appointment shall remain valid despite restoring capacity. Distinct from guardian designation is parental designations.
Since children are minors, fourth parties, such as school personnel and physicians, are not notified if a parent or guardian has designated another person as representative of the minor child. Absent notice, a person hired by a parent cannot be removed from their roles in the child’s life, even in the event of parental incapacity.
If you have set aside a child’s inheritance with a trust or simpler designations, and your choice will be disregarded for others, it can open a Pandora’s box of litigation.
Periodically, parents and godparents should discuss changing the defined roles.