Legal Question in Family Law in Washington

Re: SS Survivor Benefits

You need to consider whether you should be filing for third party custody. If you can prove that the mother is not a fit parent the Court will allow you to be the custodian of the children and make the SSI checks for the children come to you. Also, the mother will be ordered to pay support for the children, even if it is a nominal amount. (she sounds broke.) You can also get medical insurance through the State for the kids.

Third party custody actions are sometimes agreed, and sometimes high conflict.

But if you are serious about looking after these children, file for third party custody. This is not self-help law. Find a local attorney who can help you.

Stay away from accepting help from agencies such as CCS or CPS. They will place the children in foster care.

Some county Bar associations run clinics or presentations to help family law litigants get actual advice from lawyers in person.

Hope this helps. Elizabeth Powell

Re: SS Survivor Benefits

If the niece is living with you now, you can contact your local social security office and petition to become the payee for your niece. That means the check would come to you instead of the child's mother. It is worth a try. Under the regulations, even if you don't have legal custody of the child, if you are contributing towards the child's support or demonstrating a concern for the child's well-being, you can be considered as the payee. Good luck!