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Becoming legal guardian of granddaughter

Hi everyone, not sure where to post this so thought i'd post it here.

I'll try be as to the point as i can, i'm posting this on behalf of my mum.

My niece 13yo, is currently living with her sister, she has been got around 8 months now. Her mothers a alcoholic in denial who didn't want said child with her anymore.

Child moves in with sister, benefits for child eg child benefit moves to sister.

Child didn't want to move in with the sister who has her own two children (who she is dragging up but that's another story). My niece is now very unhappy with the whole situation, she's already having counselling at school as they can see she's unhappy with her 'home' life if you can call it that.

She stays at my mothers house 50% of the time already.

She told my mum last night that she wants to move in with her, and for her to become the legal guardian. My mums happy to do this, because quite frankly this child needs to be brought up properly from now on.

I have no idea where to start, and i don't know who to talk to. I told my mother i'd have a look online to see what kind of things we need to do, but i'm already stuck.

How would my mum get the child benefit swapped into her name from the sister, and to have proper legal guardianship of this child?

Once that is sorted i can look into other help/entitlements to help this child become a regular child again.

Sorry for the long post, just didn't know where else to go.
Save, save, save, save.

Comments

  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    I wouldn't know where to start, but I would ask how was the move to her sister arranged? Because that will probably give some clues and may be throw up some other issues which have to be reworked.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • jackyann
    jackyann Posts: 3,433 Forumite
    1,000 Posts Combo Breaker
    You will need to begin with your local Social services department, as they will have to be involved. Look them up for your area, or ask at your niece's school.
    They are usually very helpful; and they should already have a file on your niece.
    Should you need it, the Thomas Coram foundation run a Children's Legal centre (look them up on-line)
    Your niece can move in temporarily with your mum if she wishes (although the money won't follow her until Social services have sorted everything out). If I remember correctly, your mum would have up to 28 days to inform SS formally, but I suggest she does it asap.
    Good for her, good luck to all of you.
  • ValHaller wrote: »
    I wouldn't know where to start, but I would ask how was the move to her sister arranged? Because that will probably give some clues and may be throw up some other issues which have to be reworked.

    That's one of the problems, the sister dislikes my mum (because the niece stays there) and refuses to have any contact except picking the child up from my mums house.
    Save, save, save, save.
  • jackyann wrote: »
    You will need to begin with your local Social services department, as they will have to be involved. Look them up for your area, or ask at your niece's school.
    They are usually very helpful; and they should already have a file on your niece.
    Should you need it, the Thomas Coram foundation run a Children's Legal centre (look them up on-line)
    Your niece can move in temporarily with your mum if she wishes (although the money won't follow her until Social services have sorted everything out). If I remember correctly, your mum would have up to 28 days to inform SS formally, but I suggest she does it asap.
    Good for her, good luck to all of you.

    Thanks, that's something i forgot to add, social serves were/are involved with the move from the childs mother to sister, but i'm not sure if they are anymore.

    My niece already stays at my mums a lot at least 50% of the time.

    I'll let my mum know about ringing SS and see if they can get the ball rolling.
    Save, save, save, save.
  • At 13 the child is entitled to have an opinion about where she lives and who with. Once she moves in with your Mum full-time it won't be the sister who decides whether or not to give up the child benefit for her, your Mum can apply for it. I doubt at the moment the sister is the legal guardian, so that might need to be sorted directly with the child's mother if possible.
  • RAS
    RAS Posts: 36,631 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Check out threads by Mooloo and maybe send her a pm?

    Her GD is much younger but you will find that she has had to fight her way through bureaucratic thickets to sort things out.
    If you've have not made a mistake, you've made nothing
  • alias*alibi
    alias*alibi Posts: 552 Forumite
    edited 11 September 2013 at 6:30PM
    Hi; start with social services and your mum may need to apply for a special guardianship order via the courts. This may mean that your mum may well have a viability assessment done to see if she is capable of looking after the child.

    http://familylives.org.uk/advice/your-family/fostering-adoption-kinshipcare/advice-on-special-guardianship-orders/

    Or residence order. http://familylives.org.uk/advice/your-family/fostering-adoption-kinshipcare/what-is-a-residence-order/
  • At 13 the child is entitled to have an opinion about where she lives and who with. Once she moves in with your Mum full-time it won't be the sister who decides whether or not to give up the child benefit for her, your Mum can apply for it. I doubt at the moment the sister is the legal guardian, so that might need to be sorted directly with the child's mother if possible.

    It;s hard, because the mother has nothing to do with my mother, or her child really, she see's her now and again, but not much, which is good in a way considering she's always drunk it's hard to get any kind of answer from her.
    Save, save, save, save.
  • Yorkie1
    Yorkie1 Posts: 12,784 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I agree with the suggestion to look at the other threads mentioned. Not least because I recall there being difficulties with SS authorising proper payments to the 'replacement' parents (if you see what I mean) as opposed to relying on the voluntary goodwill of the family. Sort of informal fostering rather than paying proper whack.

    I know that money isn't the motivator, but your mum is entitled to assistance with the costs of bringing up your niece.
  • Yorkie1 wrote: »

    I know that money isn't the motivator, but your mum is entitled to assistance with the costs of bringing up your niece.

    I agree. Niece has been living 50% at my mums for the past year when she needs a break from 'home', my mums even givven her pocket money, bought her loads of clothes etc, whatever she needs. Both my mum & dad have full time jobs, just not greatly paid so some help would be good for him considering the mother who gets the money drinks it down the drain every single day.
    Save, save, save, save.
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