Legal guardianship?

[tots hope]

Just wondered if anyone had heard about this.....

My SIL phoned me yesturday in tears (39weeks pregnant and ver amotional!) as she is a little worried. My SIL asked the biological father of her son if my brother could have legal guardianship over their son (JJ) as JJ knows my brother as daddy and the bio father does nothing to help out. (reason for it is something to do with nursery but not sure what) (Nio father pays £20 maintance a month - he earns £32K!) All was fine until my brother went to pick up JJ after his day out with him (only happens 1 x a month!) and his bio father said he is refusing to give legal guardianship to my brother as it means the council will no longer give him a flat. So basically what bio father is saying is that if he has legal guardianship over JJ he is entitled to a council property. Has anyone ever heard of this?

MY SIL is distraught as she has a feeling (and with good reason to!) that bio dad is going to fight for more access to JJ and is really concerned about this.

Anyone able to offer some advice or support?

 

[leckershell]

I don't know anything about this at all, but have you tried to call the council housing department? You wouldn't have to give your name or anything, just say you're enquiring for a friend or something, but they'd probably let you know the answer?

hugs to your sister in law..

 

[Babylicious]

First he's not entitled to council housing, surely this is wrong, also does he pay through ther csa? She should be getting about 15% of his salary!!!

 

[kelsey]

As far as I know, what he might have is parental responsibility(PR), but this depends on when the child was born and if his name was put on the birth certificate. If the child was born on or after 1st of dec 2003 AND his name is on the birth certificate then he has PR automatically. If his name is on the certificate and it was before this date then he doesn't automatically have PR.

 

[kimmumof2]

i dont think your automatically entitled to a council property becus you have a child that you have regular access to but i think it does psuh you up their system more if he is single and he says he needs a flat/house becus of him havin child access e.g. at weekends. this would probably get him in a higher band.

i would enquire at council or CAB they will giv more details. i dont know if the council work the same but the housing association my mum lives on, her next door neighbour has a 2 bed house even tho he is a single male becus his daughters visit him at weekends. so council could work the same.

xxxxxx

 

[tots hope]

He doesn't ever have JJ over night as he isn;t trusted with him. I think he is just hoping for a cheap roof over his head. My SIL is getting forms so that he signs over parental responsibility to my brother, tey are even talking about adoption but we will have to see about this.

Sounds like it getting its self sorted slowly.

Thanks for your replies ladies x x x

 

[kelsey]

I am coming to the end of adoption proceedings with my partner, he is adopting my 2 eldest children. (just waiting for the final hearing). We were told there are other things you can do if you dont want to go fully ahead with an adoption - getting a residence order and I think a special guardianship order.

 

[little*red]

i dont think your automatically entitled to a council property becus you have a child that you have regular access to but i think it does psuh you up their system more if he is single and he says he needs a flat/house becus of him havin child access e.g. at weekends. this would probably get him in a higher band.

i would enquire at council or CAB they will giv more details. i dont know if the council work the same but the housing association my mum lives on, her next door neighbour has a 2 bed house even tho he is a single male becus his daughters visit him at weekends. so council could work the same.

xxxxxx

This is exactly what i was going to say. My husbands workmate has a 3 bedroom house because he has older children who stay a couple of times a month, even though he is a single man he gets a newly built 3 bedroom house because hehas occasional access to his children.
However the dad might have to prove to the council that he does actually get access to your nephew, i.e court documents etc. Im not sure though, but you'd think they would have something lke that in place, as i know when i was trying to get a house i had to show proof i was pregnant with my matb1 certificate.
I hope it all gets sorted out soon for the sake of your brother , SIL and most of all the little boy.

 

[Emmylou]

Can I just ask why he even gets a council house when he earns £32k

Sorry thats not an answer to your topic, but surely he can afford to rent a place of his own as he's not on a low income, rather than getting a council house, on a 40% affordability (which is what his maximum rental acceptance would be in the private sector) he could rent a house up to £1000 per calendar month.....

As for your question, I think the other girls have answered, I hope you get a good result