Question about step child

[bucketofdust40]

What is the name of your state (only U.S. law)? Fl
My husband got shared parental responsibility and primary physical residence of his daughter in Dec of 2000. He recently passed away on October 11th due to a car accident, at this moment in time my step daughter is still with me. Mom thought about taking her but felt 2 traumatic events in 1 month in an 11 yr olds life wasn't good for her. We talk daily on the phone about said child but just recently, like right after the accident did she start to take her for her visitation frequently, before when my husband was alive she took her when it fit moms schedule. If mom found out what I was receiving in death benefits for the children (there are three total, but only one is hers), she would take her in a heartbeat. I know being a step parent I'm lucky to even still have her. But doesn't the fact that I have raised her for almost 9 years now make any kind of difference as far as the courts would be concerned, or would no one touch this due to the fact that I am just a step parent?

 

[Ohiogal]

MOm has rights to HER child. You have no rights. How are you the payee of the stepchild?

 

[Isis1]

stepmom, you better turn that child over to mom. and inform mom of her daughter's benefits.

you have no legal right to receive them. at. all.

 

[bucketofdust40]

Step child

Not according to Social Security Administration. I am the payee due to the fact she still lives in my home. SSA is fully aware of the situation.

 

[Isis1]

Not according to Social Security Administration. I am the payee due to the fact she still lives in my home. SSA is fully aware of the situation.

so they are absolutely aware that you have NO legal rights to the child?

 

[Zigner]

Not according to Social Security Administration. I am the payee due to the fact she still lives in my home. SSA is fully aware of the situation.

Ok - so you are keeping the child AND the money instead of turning the child over to her mother. And then YOU imply that mom would be more interested in the money?

 

[Isis1]

Ok - so you are keeping the child AND the money instead of turning the child over to her mother. And then YOU imply that mom would be more interested in the money?

oh you and your common sense!!!

 

[bucketofdust40]

step child

SSA knows I am the step parent they have copies of everything. I personally could care less about the money all I want is for my children to be taken care of her and her going to her mother she would not be. And yes I know this for a fact otherwise she would not have been proved unfit in 2000. Trust me money is not an issue for me, my interest of the child who has only known this life for the last 9 years is the issue and that was my question, not about her SSI. Maybe I should just go to an attorney instead of listening to you people beat me up over a question. I already stated in my original post that me being her step mom I am lucky to still have her!

 

[RR Rodriguez]

SSA knows I am the step parent they have copies of everything. I personally could care less about the money all I want is for my children to be taken care of her and her going to her mother she would not be. And yes I know this for a fact otherwise she would not have been proved unfit in 2000. Trust me money is not an issue for me, my interest of the child who has only known this life for the last 9 years is the issue and that was my question, not about her SSI. Maybe I should just go to an attorney instead of listening to you people beat me up over a question. I already stated in my original post that me being her step mom I am lucky to still have her!

You absolutely should get right on that, (the lawyer) since money is not a problem, why are you even here?

de facto parent.

Best of luck to you both.

 

[Ohiogal]

SSA knows I am the step parent they have copies of everything. I personally could care less about the money all I want is for my children to be taken care of her and her going to her mother she would not be. And yes I know this for a fact otherwise she would not have been proved unfit in 2000. Trust me money is not an issue for me, my interest of the child who has only known this life for the last 9 years is the issue and that was my question, not about her SSI. Maybe I should just go to an attorney instead of listening to you people beat me up over a question. I already stated in my original post that me being her step mom I am lucky to still have her!

Her rights were TERMINATED in 2000? Well why didn't you say so? Or do you just mean dad won custody then? The child GOES to her mother as does the child's share of benefits.

 

[ecmst12]

You need to give the child back to her mom as soon as mom is ready for it. Unless mom actually WANTS the child to remain with you and will sign papers to that effect. If there is a custody battle, you will NOT win. You should work with mom so that this child will be able to continue to visit with you and (more importantly) her siblings.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Fl
My husband got shared parental responsibility and primary physical residence of his daughter in Dec of 2000. He recently passed away on October 11th due to a car accident, at this moment in time my step daughter is still with me. Mom thought about taking her but felt 2 traumatic events in 1 month in an 11 yr olds life wasn't good for her. We talk daily on the phone about said child but just recently, like right after the accident did she start to take her for her visitation frequently, before when my husband was alive she took her when it fit moms schedule. If mom found out what I was receiving in death benefits for the children (there are three total, but only one is hers), she would take her in a heartbeat. I know being a step parent I'm lucky to even still have her. But doesn't the fact that I have raised her for almost 9 years now make any kind of difference as far as the courts would be concerned, or would no one touch this due to the fact that I am just a step parent?

You need to see an attorney ASAP about getting legal guardianship/custody.

While is a normal situation a step parent would not have any rights, your situation is not normal at all. Fl law and FL Judges can and will give legal custody to a step parent in your situation, as another poster put it you are the de-facto parent.

However, this does need to be taken care of legally right away. Even if Mom were to contest, it's very likely that the Judge will give you custody.

Another thing, is there a CS order for Mom to pay CS?
If so, that would also need to be modified.

 

[bucketofdust40]

step child

Mom does want her to stay with me at least for the time being, no she's not ready for her. She hasn't really paid that much attention to her in the last 9 years. Yes there is a CS order and they have already modified it so that the check comes in my name and not my husbands. CSE did that. She agreed to it. I actually spoke with an attorney today that stated to me I do have legs to stand on because of the de facto parent issue. And my husband won custody in 2000. She asked if she could terminate her rights in 2003, but never followed through.

 

[dannyt]

you are not mom

What is the name of your state (only U.S. law)? Fl
My husband got shared parental responsibility and primary physical residence of his daughter in Dec of 2000. He recently passed away on October 11th due to a car accident, at this moment in time my step daughter is still with me. Mom thought about taking her but felt 2 traumatic events in 1 month in an 11 yr olds life wasn't good for her. We talk daily on the phone about said child but just recently, like right after the accident did she start to take her for her visitation frequently, before when my husband was alive she took her when it fit moms schedule. If mom found out what I was receiving in death benefits for the children (there are three total, but only one is hers), she would take her in a heartbeat. I know being a step parent I'm lucky to even still have her. But doesn't the fact that I have raised her for almost 9 years now make any kind of difference as far as the courts would be concerned, or would no one touch this due to the fact that I am just a step parent?

it deosnt matter if you helped raise her all these years, YOU ARE NOT HER MOTHER. you have no rights to your stepdaughter, and absolutely NO RIGHT to reecieve death benefits for a child thats not yours.

 

[LdiJ]

You need to see an attorney ASAP about getting legal guardianship/custody.

While is a normal situation a step parent would not have any rights, your situation is not normal at all. Fl law and FL Judges can and will give legal custody to a step parent in your situation, as another poster put it you are the de-facto parent.

However, this does need to be taken care of legally right away. Even if Mom were to contest, it's very likely that the Judge will give you custody.

Another thing, is there a CS order for Mom to pay CS?
If so, that would also need to be modified.

Wow, I do not agree with you Gracie. I am willing to agree that stepmom may have a chance, but in order to give her custody the judge must be willing to violate mom's constitutional rights. Plus, other blood relatives would have standing for custody as well if mom were truly unfit.

I don't think that you can say at all that its "very likely that the Judge will give you custody".