If my husband and I have legal and permanent custody of our grandson since 2014 and he's 10 years old, could my husband get social security for our grandson who has been living with us for 8 years? Do we have to adopt him or is having legal and permanent custody is good enough to have for him to receive the social security benefits.

Hi,

Grandchildren can only qualify for child's benefits on the record of a grandparent if they are either a) adopted by the grandparent, or b) if both of the grandchild's natural parents are either deceased or disabled. The grandparent would also need to either be a) deceased or b) drawing Social Security benefits based on their own work record in order for child benefits to potentially be payable. Legal and permanent custody of a grandchild in and of itself would not make the grandchild eligible for benefits on the grandparent's Social Security record.

Best, Jerry