What’s the Difference Between a Godparent and Guardian?

For many parents, a milestone in their baby’s life is their baptism. In many religions, parents may select a Godparent or Godparents for their child in hopes that the Godparents will be there to guide and support their child throughout the rest of their lives.

A common misconception, however, is that Godparents will have custody of their Godchildren if something happens to both parents. Unfortunately, this misconception leads to a lack of legal preparation by parents, causing parents to lose the choice of selecting a legal guardian for their children.

What is a legal guardian? 

In broad terms, a guardian is a person responsible for the personal care of a minor child. A natural guardian would be a custodial parent. A court-appointed guardian is a guardian if a child is left without a custodial parent.

Who can be a legal guardian?

In Illinois, the requirements for who can act as guardians are as follows:

• The individual is 18 years old;

• U.S. Resident;

• Not of unsound mind (is mentally “sound”);

• Is not adjudged as a person with a disability, pursuant to the Probate Act;

• Has not been convicted of a felony*

*The court may find that someone who has been convicted of a felony based on the child’s best interest. Courts will take into account the severity and time of the offense. Individuals who have committed harmful or threatening acts against children will not be considered as guardian. 755 ILCS 5/11-3.

Who should be my child’s guardian?

This decision really depends on your personal circumstances. You should always consult with your attorney to discuss any questions or concerns you may have. A guardian is responsible for the daily care of your child, has a duty to make all decisions involving the child’s residence, education, religious activities, medical care, and the list goes on. Therefore, it is important to select a guardian who will be able to “parent” your child in a way you would want your child to be raised. 

How can I choose my child’s guardian?

In Illinois, guardians are nominated by will. You can contact an attorney to help you set up a will. Your attorney can discuss all of your available options to provide your minor child with the comfort and care that you would like them to have in your absence.