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TPR and survivor benefits

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MandyD

Member
Here it is in a nutshell. Brother's daughter is now in the custody of her daycare providers and has been for almost a year now. (It's actually been much longer than that, but a year as far as the courts are concerned.) Brother only has supervised visitation, something he's loathe to take advantage of. Mother is totally out of the picture. The court has told him what he has to do to get the supervised visitation lifted, alcohol evaluation, psychological evaluation, parenting classes, etc. None of which has he done. This has been going on for almost a year now and the last time he went to court, he was told they were going ahead with the TPR. (I know that because I went to court with him in an effort to get visitation myself with my niece.)

At any rate, we (his family) have every reason to believe he may be dying. He won't talk about it, but he shows every sign of being in the last stages an alcohol related death. (Our father died of cirrosis of the liver) So,what I'm wondering is, IF I relayed this information to my niece's caseworker, could it be enough to postpone the TPR? The reason I ask this is that it would be a shame for her if her father died shortly after having his rights terminated since I don't believe she would then be able to collect SS Survivor benefits.

I'm not trying to stop the TPR for his sake at all. I just want her to be as protected as possible. There will be NO estate. All she'll be able to get is survivor benefits.

Will it worth it to me to mention this to the caseworker? If so, is there something the court could do, such as make him produce an updated medical record to show his physical fitness as a parent?
 


seniorjudge

Senior Member
Q: IF I relayed this information to my niece's caseworker, could it be enough to postpone the TPR?

A: Talk to the caseworker; I suspect she and her colleagues have already discussed this.
 

MandyD

Member
Thanks seniorjudge. I guess I'll give her a call Monday. I know he's trying to keep this a secret, even from us, but I can't see his daughter having to suffer more than she has already.
 

seniorjudge

Senior Member
MandyD said:
Thanks seniorjudge. I guess I'll give her a call Monday. I know he's trying to keep this a secret, even from us, but I can't see his daughter having to suffer more than she has already.
You are welcome.
 

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