Can Grandchildren Receive Social Security Benefits Under Grandparents' Custody?

We have a client that is at FRA and plans to begin collecting benefits. She (and her husband) are primary caregivers of their two grandchildren both under the age of 16. They have a “split” custodial agreement for their grandchildren. They have primary custody at 51% and the remaining amount is split between the grandkid’s parents. Would they still qualify for social security benefits as dependents or does our client need to have “full custody”? All individuals live in the state of Texas.

For grandchildren to be eligible to receive Social Security benefits under their grandparents' record, specific conditions must be met. In the case of your client, who is at Full Retirement Age (FRA) and the primary caregiver of her two grandchildren, the following criteria must be satisfied:

1. Parents' Status: Both parents of the grandchildren must be either deceased or disabled. Social Security benefits for dependents are generally designed to support children whose parents cannot provide for them due to death or disability. In cases where both parents are still alive and not disabled, the grandchildren would not be eligible for benefits under the grandparent’s Social Security record.

2. Custody Requirements: While your client has primary custody (51%) of the grandchildren, the eligibility for Social Security benefits hinges more on the status of the parents than on the custody arrangement itself. Full custody by the grandparents is not required; however, the children must be considered dependents due to the incapacity of their parents.

3. State of Residence: Since all individuals live in Texas, state laws might influence the custody arrangement, but they do not directly impact Social Security eligibility. The primary factors remain the status of the children’s parents and the dependency of the grandchildren on the grandparents.

For your client to secure Social Security benefits for her grandchildren, she would need to demonstrate that both parents are either deceased or disabled. If this condition is not met, the grandchildren would not qualify for benefits based on her Social Security record, even with primary custody. If the parents’ situation changes, revisiting eligibility may be necessary.

The content on this blog is for informational purposes only and is not legal, financial, or professional advice. Social Security rules change periodically, so some information may become outdated. For the most accurate advice, consult a certified National Social Security Advisor (NSSA®). Social Security Professionals, LLC, and NSSA® are not responsible for any errors, omissions, or actions taken based on this blog's content. Use of this blog does not create a client relationship, and all information is provided "as is" without guarantees. By using this blog, you agree to hold Social Security Professionals, LLC, and NSSA® harmless from any claims or liabilities arising from its content. For personalized guidance, contact an NSSA® professional.