Being godparent for sister's children

[EmilyandJason 0]

Briefly - my husband is a US citizen and my application for a conditional green card is underway.

My sister (Canadian citizen) is expecting in February 2009 and has no other family that she feels she could ask to care for her children should something happen to herself and her spouse.

How practical is it for her to ask my husband and myself? If something should happen to my sister and her spouse, I wouldn't want the child to be left for months while USCIS processed things.

Anyone have any experience with this? I'd appreciate hearing your thoughts.

Thank you,

Emily

[Chica Yeyé 41]

I gave up on my lifelong dream of being my beloved nephew's godmother; precisely thinking about what you mention. My brother understood perfectly and found a spiritual guide -our uncle- who was an amazing choice!

[Boiler 45,525]

Probably best for that sort of responsibility to reside with someone in the same country.

No harm in being Godparent otherwise.

[EmilyandJason 0]

Thanks for your answers, that is what I thought.

[Mononoke28 135]

It really doesn't matter since being a godparent is pretty much a title. The only way you can legally have custody of her children is if she has an official legal document saying that you and your husband will be their legal guardians if anything happens to her.

Diana

[EmilyandJason 0]

It really doesn't matter since being a godparent is pretty much a title. The only way you can legally have custody of her children is if she has an official legal document saying that you and your husband will be their legal guardians if anything happens to her.

Diana

Sorry, I should have been more clear. I don't mean godparent in just the sense of the title. My sister wants my husband and I to be legal guardian of her children should anything happen to her and her spouse.

Anyway, it seems to me that should anything happen, the children would have to remain in the care of the Canadian government until the US government processed everything. This isn't really an option.

[zyggy 9]

It really doesn't matter since being a godparent is pretty much a title. The only way you can legally have custody of her children is if she has an official legal document saying that you and your husband will be their legal guardians if anything happens to her.

Diana

Sorry, I should have been more clear. I don't mean godparent in just the sense of the title. My sister wants my husband and I to be legal guardian of her children should anything happen to her and her spouse.

Anyway, it seems to me that should anything happen, the children would have to remain in the care of the Canadian government until the US government processed everything. This isn't really an option.

From my experience as a former CBP officer, the US Government has procedures in place to deal with emergency issues like these. This instance is one example of where the district director has the authority to parole the children into the country for a year pending the paperwork to be processed for residency and I have seen it happen. A parole can be processed in less than a week for emergency situations such as this one, which would likely coincide with the time for a judge to grant temporary guardianship. Immigration issues shouldn't keep you from accpeting the guardianship. The children are paramount, the immigration will fall into line. One should also remember that even though the parents may name an individual in their will for guardianship, it is only a suggestion to the judge. The judge has the ultimate authority on who is granted temporary and subsequently permanent guardianship, but does take the parent's wishes into account.

Edited July 24, 2008 by zyggy

[EmilyandJason 0]

Wow, thanks for that info Zyggy. I was finding it pretty hard to accept that children would be put in government care rather than with their family.

[Mononoke28 135]

Yes, very good info. Good to know, thanks!

Diana

[Boiler 45,525]

I remember reading a case where a Border Patrol officer used this for his new family, turned out there were issues with ages and a few other things.

The important issue is its discretionary.