Can my grandchild receive Social Security benefits on my record when I retire? Legal custody questions
I've had full custody of my grandson since he was 3 (he's 9 now). His parents aren't in the picture at all. I'm planning to retire in about 18 months when I turn 67, and I'm trying to figure out our financial situation. Can my grandson qualify for Social Security benefits based on my record when I start collecting retirement? He'll be 11 when I retire and obviously under 18. I've heard conflicting things from friends about whether grandchildren can qualify for benefits. Does having legal custody make a difference versus adoption? I need to plan our budget carefully since I'll be on a fixed income. Has anyone been through this situation with Social Security?
21 comments


Dmitry Popov
Yes, your grandchild can potentially qualify for benefits on your record, but there are specific requirements. Since you have legal custody, the key factors Social Security will consider are: 1) Does the child live with you? 2) Do you provide at least 50% of his financial support? 3) Are the parents providing significant support? If your grandchild is legally dependent on you, he could receive up to 50% of your PIA (Primary Insurance Amount), subject to the family maximum. You should gather documentation of the custody arrangement, proof of support, and the child's birth certificate before applying.
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Sofia Ramirez
•Thank you! That's really helpful. So would he get his own separate payment, or would it just increase my benefit amount? And would it affect how much I receive?
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Ava Rodriguez
my sister went thru this with her grandbaby. SSA made her jump thru hoops proving she was supporting the kid. bring EVERYTHING when you go - custody papers, school records showing your address, medical records if you have him on your insurance, proof that the parents arent supporting him. they denied her the first time but she appealed and won.
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Sofia Ramirez
•Oh that's concerning. Did they make her get statements from the parents? That would be nearly impossible in my case since they've been out of the picture for years.
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Miguel Ortiz
Correction to what was said above - your grandson would actually get up to 50% of your benefit amount, NOT your PIA. And yes, it would be a separate payment made directly for him. But be aware of the family maximum! The total benefits payable to your family (including your grandson) generally ranges from 150% to 180% of your full benefit. So while your own benefit won't be reduced, the amount he receives might be less than the full 50% if there are other dependents also collecting on your record.
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Sofia Ramirez
•The family maximum shouldn't be an issue since it's just me and him. No spouse or other dependents. So he'd potentially get 50% of whatever my full retirement amount will be? That would be amazing for our budget.
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Zainab Khalil
i had 2 deal with this years ago. you should ADOPT him if possible!!! its MUCH easier with SS if ur the adoptive parent vs just having custody. thats what i had to do with my granddaughter after my daughter passed. saved tons of headaches with SSA
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QuantumQuest
•This is excellent advice. I work with Social Security cases professionally, and adoption creates a much clearer legal relationship for benefit purposes. With legal custody alone, you'll need to prove the child has been living with you for 12 months AND that you provide at least half the support. If you've adopted, the process is much more straightforward. Either way, make an appointment well before your retirement date to discuss your specific situation.
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Connor Murphy
Getting through to SSA to discuss your specific situation is crucial, but it can be incredibly frustrating. After spending weeks trying to get answers about my grandchildren's benefits, I discovered Claimyr (claimyr.com). They got me connected to an actual SSA agent within 20 minutes instead of waiting on hold for hours or getting disconnected. There's a video showing how it works at https://youtu.be/Z-BRbJw3puU - completely changed my experience with getting the answers I needed about dependent benefits.
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Yara Haddad
•I've been trying to call SSA for 3 days about my disability review!!! Does this actually work? The local office is STILL appointment only and I can't get through on the 800 number no matter what time I call.
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Connor Murphy
•Yes, it absolutely works. I was skeptical too, but after getting disconnected four times trying to reach someone about my grandson's benefits, I was desperate. They connected me directly to an agent who was able to answer all my questions about the documentation I needed to gather.
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Sofia Ramirez
UPDATE: I went to my local SSA office yesterday (had to make an appointment 3 weeks in advance). The rep confirmed that yes, my grandson can qualify for benefits on my record once I retire! She said we'll need to bring: the custody order, his birth certificate, school records showing my address, proof that I provide over 50% support (they'll look at household expenses, food, clothing, etc.), and a statement about the parents' absence. She said it helps that I've had him for 6+ years already. Thank you everyone for your help! Now I feel much better about our financial future.
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Ava Rodriguez
•awesome!! glad u got answers. make sure u keep ALL those documents together so ur ready when its time to apply!
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Yara Haddad
IS THIS ONLY FOR RETIREMENT??? My grandson lives with me too but I'm on SSDI. Would he qualify for benefits now or do I have to wait till retirement age??
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QuantumQuest
•If you're receiving SSDI (Social Security Disability Insurance), your dependent grandchild may qualify for benefits now - you don't need to wait until retirement age. The same requirements apply regarding legal custody/adoption, providing support, etc. Contact SSA to check your specific situation, as the documentation requirements are similar.
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StarSailor
Great thread and so helpful to see Sofia's update! I'm in a similar situation with my 7-year-old granddaughter. One thing I want to add that might help others - when gathering proof of support, don't forget about medical expenses if you have the child on your health insurance. The SSA rep I spoke with said that counts as a significant form of support since healthcare costs for kids can be substantial. Also, if you're claiming the child as a dependent on your tax returns, bring those too - that's another piece of evidence showing you're providing the majority of their financial support.
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Amina Diop
•This is such great additional advice! I hadn't thought about the health insurance aspect. I do have my grandson on my policy and the premiums are definitely not cheap. I'll make sure to include documentation of that when I apply. The tax return idea is brilliant too - I've been claiming him as a dependent for the past 6 years so that should be solid proof. Thanks for thinking of those details that might slip through the cracks!
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Emma Davis
This is such valuable information for grandparents! I wanted to add something that might help - if you're concerned about proving the parents aren't providing support (like Sofia mentioned), you can also ask SSA about getting a "Statement of Non-Support" form. This is something the absent parents can sign (if you can locate them) or you can provide an affidavit explaining their absence and lack of contact. I learned this when helping my neighbor with a similar situation. Also, keep records of ANY expenses you pay for your grandson - school supplies, clothes, activities, even small things add up and show the pattern of you being the primary provider. The more documentation you have, the stronger your case will be.
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Amara Nnamani
•This is incredibly helpful information, Emma! The Statement of Non-Support form sounds like exactly what I might need. In my case, the parents have been completely out of the picture for years - no contact, no support, nothing. I was worried about how to prove that negative, but having an official form or affidavit option makes it feel much more manageable. I'm definitely going to start keeping better records of all expenses too. You're right that even the small things add up - school lunches, haircuts, new shoes when he outgrows them. It's easy to forget how much we actually spend on these kids when it just becomes part of daily life. Thanks for sharing what you learned from your neighbor's experience!
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Ella Thompson
As someone new to this community, I just wanted to say how incredibly helpful this entire thread has been! I'm in a very similar situation - I've had custody of my 8-year-old nephew for the past 4 years after his parents lost their rights due to substance abuse issues. Reading through Sofia's journey and everyone's advice has given me so much hope and direction for planning our future when I retire in a few years. The practical tips about documentation, the health insurance angle, and especially learning about the Statement of Non-Support form are game-changers. It's reassuring to know that SSA does recognize these family situations where grandparents and other relatives step up to raise children. Thank you all for sharing your experiences so openly - it makes navigating this complex system feel much less overwhelming for those of us just starting to research our options.
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Xan Dae
•Welcome to the community, Ella! Your situation sounds really challenging but it's wonderful that you stepped up for your nephew. One thing I'd suggest as you start planning - don't wait until you're close to retirement to gather all your documentation. Start collecting everything now while it's easier to remember and find records. Also, since your nephew's parents lost their rights due to substance abuse, that might actually make your case stronger with SSA compared to situations where parents just aren't around. The court records showing terminated parental rights could be powerful evidence. Have you considered adoption since the parents' rights were terminated? It might simplify things significantly when you do apply for benefits.
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