Wondering what to do...

BabyBerriault · Jan 25th, 2011, 19:42 PM

My godchild's parents passed away recently (car crash) and never made a will.

It was always said that I would be taking care of the baby if anything happened.
My question is what do i do now? what can i do?
Im taking care of her now, but i don't want her to change homes every so often because one of her familly decides to take her because they "just want to". I want what's best for her.
Please let me know. Im also in Canada if that makes a difference. I looked up online but most of the stuff is for US only.

Paxton · Jan 29th, 2011, 17:13 PM

Could you try adopting her?
Then you'd be her mum and she wouldn't have to be passed around.

momofmister · Jan 29th, 2011, 17:19 PM

if you are taking care of her right now, I would contact a family lawyer and have some papers drawn up to seek custody. You need to go to court and have guardianship legally given to you. Then if the family wants to contest it they will also need to seek a family lawyer and go to court and get it sorted out.

pinkneon · Feb 5th, 2011, 03:57 AM

Legally if they didn't make a will then her family are entitled to look after her. When a child is left orphaned, and their parents didn't make a will, child services (or whatever it is called where you are) are bound by law to look after the child. They will usually seek out any family close by who can look after the child. If no one in the family is able to, or no one wants to, then it's up to child services to find an alternative - usually a foster family, and then adoption. Unless you are a registerd foster carer you won't be allowed to foster this child, but you can apply to adopt them. However, that can be a lenghty process, and usually the child will have to be in foster care soon.
Other than contacting a lawyer/solicitor I'm not sure what else to advise you. But make sure you gte legal advice - you don't want to end up on the wrong side of the law just for helping out a child!

aliss · Feb 6th, 2011, 11:29 AM

Hi hun I am in Canada.

Since you are already taking care of her and you are her godmother, it helps. Right now, the NOK (next of kin) which is probably grandmother or auntie, is usually who the child is placed with when this occurs, by the MCFD ministry of children & family services. I would suggest looking in your phone book and contacting your local MCFD (are they the ones who brought the child to you?). You will want to consult a family lawyer asap. It sounds like the family is cooperative for now, but they could change their mind?

Ours laws here in Canada are as you already know a bit different than the UK + US, you'll need to speak with a lawyer personally and not the internet. The MCFD will also be able to guide you in dealing with short-term placement issues.

Jan 25th, 2011, 19:42 PM	#1
BabyBerriault Other Active BnB Member Join Date: Jan 2011 Location: canada Posts: 21	Wondering what to do... My godchild's parents passed away recently (car crash) and never made a will. It was always said that I would be taking care of the baby if anything happened. My question is what do i do now? what can i do? Im taking care of her now, but i don't want her to change homes every so often because one of her familly decides to take her because they "just want to". I want what's best for her. Please let me know. Im also in Canada if that makes a difference. I looked up online but most of the stuff is for US only.

Status: Offline

Jan 29th, 2011, 17:13 PM	#2
Paxton Mum (Mom) Active BnB Member Join Date: Mar 2009 Location: Nova Scotia, Canada Posts: 786	Could you try adopting her? Then you'd be her mum and she wouldn't have to be passed around.

Status: Offline

Jan 29th, 2011, 17:19 PM	#3
momofmister Pregnant (Expecting) Active BnB Member Join Date: Jul 2010 Posts: 185	if you are taking care of her right now, I would contact a family lawyer and have some papers drawn up to seek custody. You need to go to court and have guardianship legally given to you. Then if the family wants to contest it they will also need to seek a family lawyer and go to court and get it sorted out.

Status: Offline

Feb 5th, 2011, 03:57 AM	#4
pinkneon Mum (Mom) BnB Addict Join Date: Apr 2010 Location: UK Posts: 3,266	Legally if they didn't make a will then her family are entitled to look after her. When a child is left orphaned, and their parents didn't make a will, child services (or whatever it is called where you are) are bound by law to look after the child. They will usually seek out any family close by who can look after the child. If no one in the family is able to, or no one wants to, then it's up to child services to find an alternative - usually a foster family, and then adoption. Unless you are a registerd foster carer you won't be allowed to foster this child, but you can apply to adopt them. However, that can be a lenghty process, and usually the child will have to be in foster care soon. Other than contacting a lawyer/solicitor I'm not sure what else to advise you. But make sure you gte legal advice - you don't want to end up on the wrong side of the law just for helping out a child!

Status: Offline

Feb 6th, 2011, 11:29 AM	#5
aliss AutoSignup (SAAB) BnB Spammer Elite Join Date: Sep 2009 Location: Québec Posts: 24,341	Hi hun I am in Canada. Since you are already taking care of her and you are her godmother, it helps. Right now, the NOK (next of kin) which is probably grandmother or auntie, is usually who the child is placed with when this occurs, by the MCFD ministry of children & family services. I would suggest looking in your phone book and contacting your local MCFD (are they the ones who brought the child to you?). You will want to consult a family lawyer asap. It sounds like the family is cooperative for now, but they could change their mind? Ours laws here in Canada are as you already know a bit different than the UK + US, you'll need to speak with a lawyer personally and not the internet. The MCFD will also be able to guide you in dealing with short-term placement issues.

Status: Offline

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