California Residency for Minor

<p>My husband and I have been California residents for 16 months. His daughter just graduated HS early, is 17 and wants to go to college out here. As a minor, is she automatically considered a "resident" since her parent lives here? Any help would be appreciated. Thanks,</p>

<p>I think so, but the residency requirements for minors are pretty clearly spelled out on the website.</p>

<p>There might be some clause about who she lived with.</p>

<p>This is from UC Davis, but it’s the same for all.
<a href=“Statement of Legal Residence (SLR)”>Statement of Legal Residence (SLR);

<p>"The general rules applying to minors specify that if you are an unmarried minor (under age 18), the residence of the parent with whom you live is considered to be your residence. If you have a parent living, you cannot change your residence by your own act, by the appointment of a legal guardian, or by the relinquishment of your parent’s right of control.</p>

<p>If you live with neither parent, your residence is that of the parent with whom you last lived.
Unless you are a minor alien present in the United States under the terms of a nonimmigrant visa which precludes you from establishing your own domicile in the United States, you may establish your own residence when both your parents are deceased and a legal guardian has not been appointed. If you derive California residence from a parent, that parent must meet the University’s requirements for residence for tuition purposes.</p>

<p>Residency Rules for Minors
You may be able to derive California resident status from a California resident parent if you move to California to live with that parent on or before your 18th birthday. If you begin residing with your California parent after your 18th birthday, you will be treated like any other adult coming to California to establish residence; see the Dependent Child of a California Resident exemption.</p>

<p>Just to highlight the relevant portions of what Shrinkrap posted:</p>

<p>Assuming (from the gaps in the OP’s post) that the OP’s stepdaughter does NOT live with her father, and has not just graduated from high school in California, the daughter does NOT currently satisfy the requirements for California residency for tuition purposes, even though her father has been a California resident for over a year. However, if before her 18th birthday the daughter “moves” to California to live with her father (who has been a California resident for more than a year), she WILL qualify as a resident for tuition purposes. If she moves after she turns 18, she will have to live there a year (not attending college) before she qualifies as a resident for tuition purposes. I think if she starts college without moving in with her father, she will never be able to qualify.</p>

<p>The trick is moving to California to live with her father, and doing it before she turns 18 or starts college. Since college begins fairly soon, time is wasting. If there is a custody decree awarding primary custody to her mother who lives in a different state, there ought to be a modification of that decree before she turns 18, and she ought to do things like get a California driver’s license as soon as possible. Don’t try to play cute with moving her to California – do everything you can as quickly as you can, because you are already right up against the line.</p>

<p>What if it’s just community college? Can an early graduate who is living with a legal guardian go to community college for a year to establish residency and then after obtaining residency transfer to a UC?</p>

<p>She cannot use legal guardianship to establish residency for some of the reasons that JHS listed above.</p>

<p>Also keep in mind that when your stepdaughter files for financial aid, she will fill out the FAFSA using the income/assets of the custodial parent. </p>

<p>IF this will be you and your husband, your income & assets will be used in addition to your husband to determine your eligibility for need based aid.</p>