Adoption question, thanks in advance!

[TiredVeteran]

Hi,

 

Sorry if this is the wrong forum. Short version, I am unable to find a definitive answer to this question: If a disabled veteran adopts a child who had already turned 18, will this child be eligible for Chapter 35 benefits?  In our state, children age out of the foster care system at 18 and are pretty much on their own. Any advice most appreciated!!!!!!

 

Debbie ......................HAPPY THANKSGIVING EVERYONE!

[broncovet]

TiredVet:  Do you have the parents consent?  That could be a big deal.  Altho I have never officially adopted someone over 18, my wife's daughter asked me if she could call me Dad (her real father is deceased).  I told her it would be an honor.  So, she gets treated just like the rest of the kids....yelled at, drop by unexpectedly, etc.  (Ok, I dont really yell at my kids...that is what a spouse is for!)

Seriously, I have never had a child that asked to be my kid before.  None of the others had any choice.  I suppose that means if she "asked" to be my child, she can also UN ask to be my child, too, tho.  

Let me tell you a story..its true.

I grew up on a ranch in Western Colorado.  It was a Cattle and sheep ranch.  We had "lambing" season in the spring.  It means you slept in a sleeping bag near the sheep, and set the alarm (we had a wind up alarm clock) every 2 hours.   You would take the flashlight, and go out among the sheep and look for ewe's giving birth. Then you bring the new mom in a warm pen, out of the snow and cold, so the lamb does not freeze.  You are also the head honcho in charge of assisting with difficult births, but I digress.   Since we had 300 ewes, you usually found one or 2 who had just given birth or were in labor.   Now, one ewe can feed 2 lambs.  3 is too many, and the stronger two will starve the weak one.  If you have a "single" then you can give the ewe another one from one of those with triplets, or when the ewe dies giving birth, which happens somewhat frequently.  An orphan lamb is called a "bummer" lamb.  They get their name because kids about 10 years old, in the area would adopt "bummers" and raise them.  (You realy need a milk cow to do this as a bunch of bummers drink lots of milk).  The sheep ranchers in the area often did not want bummers.  They just dont make sense financially, it takes more labor to raise them than you can sell them for.  You could get a couple dollars for them if you hauled them to the cattle auction, but that probably was not worth it either.  So, kids would "ask you" for them.  Kind of like "bumbing a cigarette".  Most of the ranchers would give away bummer lambs, but only to kids who asked.  A kid who did not want to raise bummers and neglected them, would likely find the lamb in the field dead, just like if it had no parents.  That is why they are called "bummers" because kids would "bumb" them like a hobo does a cigarette.  

I found out raising bummers is hard work.  Filling bottles every 4 hours..

So, we tried to get the single birth ewes to accept an orphaned or triplet lamb.  

Many do, they are called nannies, they just will take any lamb.  Others, you have to trick them.  

The way you do that is this:  You take the afterbirth from the single moms lamb and tie it around the bummer.  She smells the afterbirth and she thinks its hers, too and accepts it.  

My brother and I (who only birthed lambs on weekends, my mother did it through the week), saw the value of a "nannie".  An orphaned lamb is pretty much doomed to death, without either a human or a nannie to take care of it.  

As a result my brother and I both kind of become "nannies" to unwanted local kids.  We dont really adopt them legally, we just help and mentor them.  It sounds like you make a great nannie.  

Edited November 29, 2015 by broncovet

[RUREADY]

to get education benefits you must adopt before 18  now if you just want to

adopt with no benefits than you can adopt 18 or older. Not sure if its what you are

asking

Edited December 1, 2015 by RUREADY

[Vync]

Just reaching out.........has anyone adopted an 18 year old? Just got a message from a trusted member that you have to adopt before age 18 years old. 

I adopted my daughter when she was about 8 or 9 years old, but I don't think it matters if they are under or over 18 except with regards to the age restrictions of the plan itself (see first link below). When filing for Ch.35 benefits, all I had to provide was a birth certificate, her ID, her social security card, and a couple of other things related to the school. The birth certificate was probably the most important thing. Due to the adoption, the state created a new copy of it with my name showing as the father instead.

Check these links for details about the plan

http://www.benefits.va.gov/GIBILL/DEA.asp

http://www.benefits.va.gov/gibill/docs/pamphlets/ch35_pamphlet_2.pdf

I hope this helps!

 

 

 

[Vync]

I just thought of one more thing, but do not know if it applies in your case: Child support

Some states may typically require child support to be paid until a certain age or until the child reaches the "age of majority". It can be 18, 19, or whatever. Some states may also require child support be paid into the child's college years.

If the child is adopted before the child support payment period has expired, the adoption would probably terminate the parental rights of the parent receiving the child support payments.

If child support payments are involved, be sure these arrangements are clearly addressed. I know that child support is a sore spot for some folks. Depending on the relationship, some parents might be excited about the possibility of Ch35 benefits, but it could present a problem if it means no more child support payments.

The adoption lawyer should be able to help provide legal advice regarding this.

[Andyman73]

My parents adopted 2 of their grandkids about 10 years ago.  Dad gets a small allotment for both of them on his VA, same as he gets for Mom.

[TiredVeteran]

Hey Broncovet, first to you. Your post. No words. Read it, read it to Jimmy. We both cried. You should be a profiler!  Thank you so much.

Ok, here is an update and hopefully some more information that will help figure this out. This child is pictured on our state's AdoptUSKids website and wants to be adopted. He is 18 years old. Had been in foster care.  No parental rights to consider. The short bio said he longed to be adopted and talked about it every day. 

I made all the calls to confirm everything on our end. We are not looking to be foster parents, just adopt this one 18 year old. We are not able to take care of children, but an 18 year old is not in that catogery.

DCS finally called. Seems they are not too interested in finding him a home and perhaps don't even know where is he now. Kids get put out on the street. I begged for them to find his caseworker and try to reach him.

It is cold and rainy here in TN. Last night, I laid there thinking, is Jordan ok?  I am going to try and find him somehow. Otherwise, the odds are really against him. 

Thank all of you for your support, help, advice and prayers in this Journey to  find Jordan. 

 Thank you again, Debbie