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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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We have Permanent Managing Conservatorship (PMC) of I child.

Customer Question

We have Permanent Managing Conservatorship (PMC) of I child. The parents have not had their rights terminated at this time. We do not foresee the parents regaining custody and we have had her for 2 1/2 years. My question is if something should happen to myself or my husband would she be able to receive a SS check from one of us? Also we are in Texas and wanting to know the best way to start an adoption.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 1 year ago.


No, the child in your care would not be able to receive your SS benefit unless they fell into one of these categories: biological child, adopted child, or dependent stepchild. (Or in some cases, a grandchild.)

In Texas, you would file a Petition to Terminate Parental Rights coupled with a Petition for Adoption. If the parents will sign off on a Voluntary Relinquishment of Parental Rights, that will help, otherwise you will have to present evidence to the court that it is in the child's best interest to have their biological parent's rights terminated and be adopted by you. The court looks at the biological parent's history, attempts at remaining in the child's life, paying support for the child, criminal and drug history, etc.

If CPS is involved in this case, they would be a party to the suit as well. The Judge will also likely appoint an attorney ad litem for the child to represent the child. This cost is generally paid by the party who brings the suit.