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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35406
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My sister is decease and there is no father listed on my

Customer Question

My sister is decease and there is no father listed on my niece's birth certificate. My niece has lived with me since her mother's death 6 years ago. How do I get legal custody of my niece so that I can add her to ny insurance. I live in Louisiana!
Submitted: 6 months ago.
Category: Family Law
Expert:  LawTalk replied 6 months ago.

Good afternoon Darlene,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How old is your niece?

Doug

Expert:  LawTalk replied 6 months ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

Customer: replied 6 months ago.
She is 14, she will be 15 Oct 30th
Expert:  LawTalk replied 6 months ago.

Good afternoon Darlene,

In order to have your niece added to your insurance---and I presume you mean health insurance, gaining legal custody is not enough and you will be required to actually formally adopt her through the court system.

Being appointed as her legal guardian would allow you to pretty much do everything but add her to your insurance policy.

You do not mention it but based on the death of your sister, your niece is almost certainly eligible for a social security survivor benefit based on her mother's lifetime work record. And you may well be entitled to a caretaker benefit from social security as well since you are the primary caretaker of your niece.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Customer: replied 6 months ago.
The only question I have is would I be eligible for caregiver benefits if my niece is not disable?
Expert:  LawTalk replied 6 months ago.

Hi,

Caregiver benefits are provided to the primary caregiver of a child who is under age 16 and receiving a survivor benefit from social security. The child need not be disabled---but rather only that they have had a parent die.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

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