Virginia Grandparent Benefits Without a Court Order — What You Can Get

You Do Not Need Custody to Apply

This is the fact that changes everything for informal kinship caregivers in Virginia: you can apply for public benefits on behalf of a child living in your home without holding a court custody order, without a guardianship, and without going to court at all.

Virginia's TANF child-only program, FAMIS/Medicaid health coverage, SNAP food assistance, and WIC are all available to relative caregivers providing full-time care, regardless of whether you have a formal legal arrangement. What matters is that you are related to the child (by blood, marriage, or adoption), the child physically lives with you in Virginia, and you can document both.

Many grandparents delay applying for months — sometimes years — because they believe an expensive custody battle is a prerequisite. It is not.

What Informal Kinship Caregivers Qualify For

TANF Child-Only Grant: You apply as the payee on the child's behalf. Your income, retirement savings, and assets are completely excluded. Only the child's own income (usually zero or near-zero) is evaluated. No work requirements apply to you in a child-only case. No 60-month time limit.

FAMIS and Medicaid: Cover Virginia evaluates the child's eligibility based on Modified Adjusted Gross Income rules. If you do not claim the child as a tax dependent, the child is evaluated as a non-filer using only their own income. Children's Medicaid covers incomes up to 143% of the Federal Poverty Level; FAMIS covers up to 205% FPL. No co-payments or deductibles for pediatric care.

SNAP: Household composition for SNAP is based on who purchases and prepares food together, not legal custody. If you and the child share meals, you are generally one SNAP household. Elderly or disabled caregivers (age 60+) who cannot prepare meals separately may qualify for separate household treatment under federal exemptions.

WIC: If the child is under age five, you can apply through your local Virginia Department of Health clinic. No custody order required. Children receiving SNAP or TANF are automatically income-eligible for WIC.

School meals: Children receiving SNAP or TANF are directly certified for free school breakfast and lunch without submitting a separate income application.

What You Need Instead of a Court Order

Proof of relationship and proof that the child lives with you. Accepted documents include:

• The child's birth certificate (connecting the child to the parent who is your relative) plus your own birth or marriage certificate (connecting you to that parent)
• School enrollment records showing your address
• Medical records showing your address as the child's residence
• A signed and notarized kinship affidavit under Virginia Code § 22.1-3 (this covers school enrollment and can support benefit applications)
• A notarized Power of Attorney under § 20-166 if the parent is willing and able to sign one (valid for up to 180 days)

If original documents are unavailable, local departments accept secondary evidence — hospital Newborn Summaries, baptismal certificates, or official school records.

What You Cannot Access Without a Court Order or DSS Involvement

Two programs do require formal legal status:

• KinGAP and the State-Funded Kinship Subsidy require the child to have been in DSS foster care custody before custody transfers to you. These are not available for informal arrangements.
• Relative Maintenance Support Payment ($200/month per child) requires active CPS involvement — the child must have been diverted to you by the local DSS as an alternative to foster care placement.

If you are considering whether to formalize your arrangement through the courts, the decision depends on your specific circumstances and is separate from benefit eligibility. Many informal caregivers access TANF, SNAP, FAMIS, and WIC for years without ever going to court.

What to Do If the Agency Says You Need Custody

Some local DSS offices incorrectly tell informal caregivers that a court order is required before they can apply. Under VDSS policy, that is not accurate for TANF child-only, FAMIS, or SNAP applications. If a worker insists on a custody order, ask for a supervisor review and reference the TANF Guidance Manual Chapter 200 provisions for non-needy caretaker relative cases.

The Virginia kinship financial help guide includes the specific policy citations and an escalation checklist for exactly this situation — the most common administrative barrier informal caregivers face in Virginia.

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