Naming a Godparent or Guardian: Understanding Legal Rights

Contrary to popular belief, godparents and legal guardians are not the same.

Naming someone a godparent is part of one’s Christian faith, and the person is question has special role in the child’s life thereafter. They are meant to be guardians and role models so children can shape themselves well emotionally and spiritually.

But while godparents have a close relationship with their godchild, being deemed a godparent is often not enough if the parents want them to take care of the child in case something happens to them.

In such cases, the person has to be registered in the eyes of the law as a ‘legal guardian’. Only then can they exercise any guardianship rights.

Understanding the Legal Role of a Godparent/Legal Guardian

Aside from taking care of the child in the event of the parents’ death, legal guardians can take responsibility of a child even if the parents are still alive.

If the guardian has evidence that the child is not properly cared for, they can apply in court for a residence order. If the court decides that decisions are being made that are not in the child’s best interest, the child can be placed in the custody of the legal guardian.

This is why it’s important that as a parent, you’re very vigilant when naming a person in your legal documents, so they can make the right decisions for the child.

Legal Rights of a Guardian

We’ve often seen guardians exercise their rights in cases where parents were separated or getting divorced. If the parent with primary custody passes away, a guardian can argue that moving the child to the other parent’s custody might not be in their best interest.

They may cite the other parent’s lack of contact (if they haven’t stayed in touch with the child), the parent’s lifestyle (it may not be kid-friendly) and their surviving relationship with the deceased parent (or lack thereof). If there is plenty of evidence, the legal guardian can be awarded custody and can get an order for the child to live with them permanently.

Need to Name a Guardian?

Wembley Solicitors in Middlesex, UK can help!

We specialize in all fields of law, including family law and more. To know the process of naming a legal guardian, contact us today and book an appointment. Call 020 3417 3700 and let us know the details!