Can a child receive SSD from a parent whose parental rights have been severed?

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Can a child receive SSD from a parent whose parental rights have been severed?

Without causing a possible reversal.

Asked on April 27, 2011 under Family Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think what you may mean here is receiving benefits from a parent whose parental rights have been legally terminated by the court, correct?  Generally speaking, when parental rights have been legally terminated the parent has no rights with regard to the child and the child has no rights with regard to the parent.  That includes rights of inheritance (under the law that is; if the parent whose right have been terminated chooses to leave the child inheritance in a Will that is perfectly fine) and I would guess SSD would not be available either.  The only way that the order could be "reversed" - and I am truly unclear that it could be at all - is by a Judge.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think what you may mean here is receiving benefits from a parent whose parental rights have been legally terminated by the court, correct?  Generally speaking, when parental rights have been legally terminated the parent has no rights with regard to the child and the child has no rights with regard to the parent.  That includes rights of inheritance (under the law that is; if the parent whose right have been terminated chooses to leave the child inheritance in a Will that is perfectly fine) and I would guess SSD would not be available either.  The only way that the order could be "reversed" - and I am truly unclear that it could be at all - is by a Judge.


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