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  #1  
Old 07-29-2009, 06:44 AM
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Join Date: Jul 2009
Posts: 2
Question

Adopting my Grandson


What is the name of your state (only U.S. law)? Michigan

July 4th, 2008 I lost my beautiful daughter at the age of 31 after she suffered a long battle with cancer. I now have full custody of my Grandson Nathan, 10 years old since Aug. 2008. Nathan's transition was very easy because he lived with us, along with his mother through out his life. I was Jennifer's full time caregiver for 2 years prior to her passing and also cared for my grandson. Unable to work we suffered severe financial set backs and lost our home. In Jan. of this year my husband suffered a massive heart-attack and had to have a quadruple by-pass. Of course that situation also added to our financial ruin. On the bright side we now rent a large home, very reasonable payments and our able to live within our means.

Nathan's biological father has not been in his life for over 5 years, and prior to that had very little interaction with Nathan and never paid child-support.

Nathan receives social security benefits, approx. $400.00 per month. Nathan desperately wants us to adopt him and wants our last name. We of course want the same thing but rely on his benefits to help aid us financially with his basic needs. During my daughter's last days, I stayed with her at the hospital every moment. Unfortunately I had an accident in the hospital and fell which caused a moderate to severe back injury. I have disc protrutions in the C spine, T spine, and lumbar spine and at this time am unable to work outside the home. We are making ends meet without the second income but do rely heavily on Nathan's benefits for all of his needs. Soon he will need braces which our health insurance does not cover.

Under Michigan Law will I lose Nathan's social security benefits if we adopt him? The answer will determine whether we can officially adopt him. I have explained to Nathan at the age of 14 he can legally change his name.

I have called Nathan's Social Security worker but am still waiting on a response. Perhaps you can help me with the answer.

Respectfully,

Cindy Page
  #2  
Old 07-29-2009, 08:27 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,781
Quote:
What is the name of your state (only U.S. law)? Michigan

July 4th, 2008 I lost my beautiful daughter at the age of 31 after she suffered a long battle with cancer. I now have full custody of my Grandson Nathan, 10 years old since Aug. 2008.
Where is Nathan's father? Did a court grant you full custody after Nathan's father was served?


Quote:
Nathan's transition was very easy because he lived with us, along with his mother through out his life. I was Jennifer's full time caregiver for 2 years prior to her passing and also cared for my grandson. Unable to work we suffered severe financial set backs and lost our home. In Jan. of this year my husband suffered a massive heart-attack and had to have a quadruple by-pass. Of course that situation also added to our financial ruin. On the bright side we now rent a large home, very reasonable payments and our able to live within our means.
Okay.
Quote:
Nathan's biological father has not been in his life for over 5 years, and prior to that had very little interaction with Nathan and never paid child-support.
Was there a child support order? Have you filed for child support from him? Was paternity ever established?

Quote:
Nathan receives social security benefits, approx. $400.00 per month. Nathan desperately wants us to adopt him and wants our last name. We of course want the same thing but rely on his benefits to help aid us financially with his basic needs. During my daughter's last days, I stayed with her at the hospital every moment. Unfortunately I had an accident in the hospital and fell which caused a moderate to severe back injury. I have disc protrutions in the C spine, T spine, and lumbar spine and at this time am unable to work outside the home. We are making ends meet without the second income but do rely heavily on Nathan's benefits for all of his needs. Soon he will need braces which our health insurance does not cover.
Okay.
Quote:
Under Michigan Law will I lose Nathan's social security benefits if we adopt him? The answer will determine whether we can officially adopt him. I have explained to Nathan at the age of 14 he can legally change his name.
Why do you believe at the age of 14 he can legally change his name? He can't. He cannot legally change his name until 18 and an adult. At 14 his father (if paternity has been established) would need notified and would need to consent or you would need to prove why it is in Nathan's best interests and have a court agree.

As for social security that is a FEDERAL program. FEDERAL LAW is what matters. Children are eligible to receive benefits if their PARENT dies. If you adopt Nathan, she will no longer be his parent but rather his sister so that very well may end the SS benefits. However adoption is not necessarily going to be a sure thing either. Nathan's father has a say.


Quote:
I have called Nathan's Social Security worker but am still waiting on a response. Perhaps you can help me with the answer.

Respectfully,

Cindy Page
Hope that helped.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 07-29-2009, 09:37 AM
Senior Member
 
Join Date: May 2004
Posts: 41,394
Quote:
Originally Posted by Ohiogal View Post
Where is Nathan's father? Did a court grant you full custody after Nathan's father was served?




Okay.

Was there a child support order? Have you filed for child support from him? Was paternity ever established?


Okay.

Why do you believe at the age of 14 he can legally change his name? He can't. He cannot legally change his name until 18 and an adult. At 14 his father (if paternity has been established) would need notified and would need to consent or you would need to prove why it is in Nathan's best interests and have a court agree.

As for social security that is a FEDERAL program. FEDERAL LAW is what matters. Children are eligible to receive benefits if their PARENT dies. If you adopt Nathan, she will no longer be his parent but rather his sister so that very well may end the SS benefits. However adoption is not necessarily going to be a sure thing either. Nathan's father has a say.



Hope that helped.
Social Security Benefits survive a stepparent or family adoption.
__________________
in vino veritas
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