Legal Question in Family Law in Illinois

Grandma and step grandfather receive custody of grandma's granddaughter then about a year later grandma goes on social security disability and gets granddaughter on social security with her but step grandfather drives a truck so should granddaughter be on social security with grandma. If the step grandfather is working and he has custody as well.


Asked on 2/05/12, 7:27 pm

2 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Why do you care? This has nothing to do with you. Social Security made the decision to provide benefits to the granddaughter earned by G/M during her working life. That is all you need to know, if that, in fact, is any of your business.

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Answered on 2/05/12, 8:15 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I received your phonecall and now that I have a little more information, I can tell you without a doubt that it is highly unlikely that a court would give you custody of your granddaughter based upon the inference of fraud that you are attempting to make. Furthermore, there is no fraud. If "step" grandfather were not working, you would be attempting to argue that your ex-wife and new husband shouldn't have custody because neither is working. What is being done is perfectly legal but you can always try and make a complaint to social security if you think it will do you any good. If the social security payments for g/d are terminated, the only one you are hurting will be your granddaughter. It will not result in your getting custody and will llikely make it that much harder for you to have any contact with her at all. My suggestion is that you try and make peace with your ex-wife, offer to contribute some financial support for G/D's care and try and work out some visitation.

Please do not contact me again.

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Answered on 2/06/12, 7:39 am


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