Legal Question in Social Security Law in Texas

Social Security benefits

(1) I am 72 and receiving SS benefits. (2) I have a 3-yr-old ''son''.

(3) My name is on his birth certificate as his father but I am not his biological father. (4) I have a court order granting me sole custody of the boy and declaring that I have the legal responsibility for his care. (5) I moved to Costa Rica in 2000 and the boy was born in Costa Rica in 2003. (6) His mother and I were never married--or even had any kind of relationship--and I have been married to another woman for the past 11 years. (7) We do not plan on returning to the U.S. to live. The boy is eligible to travel to the US on a visa.

Now, a non-biologically-related son would be eligible for benefits if I had adoption papers. Only he is not adopted, he is legally my son and I have a court order granting me custody. The embassy says since I am not his biological father, no dice, they will not proceed further.

The problem is he is neither fish nor fowl, but seems to me to be eligible, so how can I proceed?


Asked on 2/13/07, 3:54 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Social Security benefits

I presume the the Costa Rica court granted you the custody order, but the facts are that you are not a father either legally (custody is not fatherhood) or biologically (DNA proves that and you admitted that). So, if you want to be a father, you will have to adopt the child. I'm not sure what you want to do with that, but if the child is under 16, he is eligible for US citizen benefits and thus SS benefits. Good Luck.

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Answered on 2/13/07, 5:47 pm


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