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Legal matters

Guardianship

2 replies

Mamai90 · 03/07/2022 00:05

Could someone help me navigate this? I'm not even sure if it's a legal matter but was unsure of where to post.

My SIL has her teenage step son living with her but his dad is still in receipt of all the benefits for him. SIL is in a minimum wage job and trying to keep a roof over their heads. He's 16 but hasn't been in school for a year as SIL doesn't live near her ex and her step son was unhappy living with his dad so he moved in the impression that his dad would get him into a school but he hasn't done this. SIL is unable to as she's no legal rights (they were never married though she's the only mother he's ever known).

His dad is happy to sign guardianship over to SIL but doesn't know whether it has to be done legally through courts? She really needs to be in receipt of the benefits too as she's struggling for money. Ex is ok with this but pretty much expects her to do it all. We just don't really know where to start. Maybe citizens advice? SIL struggles with this kind of thing, she's a great mum in the practical sense but when it comes to sorting financial matters or anything legal she struggles. Does she just apply for universal credit herself even though ex is receiving the money at the moment?

We really need him into school for his mental health so it's important that she's able to do that too.

Could anyone point me in the right direction? Thanks

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pastypirate · 03/07/2022 00:12

The father needs to write a letter stating the situation and the date the young person moved.
Really an adult caring for him ought to have parental responsibility but he's a bit old for that and it involves a court application.

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pastypirate · 03/07/2022 00:13

The school bit is tricky hence needing pr. however she needs to start the application and call the Lea for advice.

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