<p>For family purposes, I moved in with my aunt in California and have been living with her for the past year. I will be a senior next year and will be graduating from a California high school. However, I know that tuition resides within parents' residency, not your own until you can prove to be independent. My aunt, along with my parents, is willing to legally change my legal custody to hers or legally adopt me if she needs. In this case, would I get in state tuition? I've read the laws regarding is, but none really address my specific situation. I didn't move just for tuition purposes, but it would be a great benefit because my family is not well off. I plan on living in California, and have already gotten my license here, so would that matter in this case?</p>
<p>If your aunt can get legal custody of you, then she becomes your parent for tuition purposes (or you are independent, depending on how the custody is given). You might be able to do this by filing papers in a court (non-contested) but the court may require an evaluation or other investigation. You should do this before you turn 18.</p>
<p>Would we have to hire a lawyer for this or just fill out forms and submit to a court? </p>
<p>Also are there any other potential obstacles? I know california residency is a hard to get into due to budget cuts and such, so is it possible that I would not get the tuition?</p>
<p>UC has a rule called ‘2 year care and control’ which might apply to you and grant you residency. See pg 23:
<a href=“UC Legal - Office of the General Counsel | UCOP”>UC Legal - Office of the General Counsel | UCOP;
<p>All of this just to get in-state tuition? What if you don’t get into any of our universities, what then? This seems so deceptive and incredulous to me. </p>
<p>Um, according to the UC ‘2 year care and control rule’ as written he does qualify to be an in-state resident for tuition. It isn’t deceptive. It is their rule, clearly spelled out. He doesn’t need to twist or distort anything to qualify. </p>
<p>He/ she does qualify, however, the lies to get aunt to adopt the OP seem really callous.</p>
<p>The UC rules seem to forbid changing guardianship when a parent is still living as a means to gain residency, so that strategy would not have worked. However, as he will have been living in CA for the requisite 2 years with a CA resident adult, he’s good. </p>
<p>I don’t know that getting aunt to adopt him would be a lie, since I don’t know the particulars of the family situation. Perhaps she is acting as a de facto parent now and adoption would legalize the reality on the ground, for all I know.</p>
<p>I’m not being deceptive, at least I don’t think I’m intending to be. As I said, I didn’t move for the tuition although the tuition would have been nice. Family issues, which I’d rather not tell the strangers about, have left me in the care of my aunt. My parents agree with this as does my aunt. Frankly, if it seems if I am coming off as as shady or deceptive, I apologize. I am an ap student and like any other student, I just want to go to a good college and get into as little debt as possible. My parents and my aunt are not rich by any means and I thought the tuition would have been nice considering the situation I am already in. I’m looking into private universities as well as public, so the financial matter isn’t as disheartening as it would be otherwise. Anyway, thank you for your replies!</p>
<p>Here is an overview. <a href=“http://www.monterey.army.mil/Legal/family_law/guard-ca.pdf”>http://www.monterey.army.mil/Legal/family_law/guard-ca.pdf</a></p>
<p>Actually adoption does seem to be a way to get residency, in the document I linked. But some UCs’ residency pages say that changing legal guardianship while one parent is still alive will not suffice. I see there is a distinction between adoption and legal guardianship, though not sure if the document I linked references that anywhere.</p>
<p>I believe guardianship can be changed back and forth easily. While adoption may require some legal paper works. Eac state and school may have their own in state tuition policy. In Michigan, one just need to attend the last 3 years of high schools and graduated to be eligible for in state tuition at UMich. This is a new policy to allow children of illegal immigrants to attend college at a lower cost. Not sure if California has similar policy since it does have a lot of illegal immigrants.</p>
<p>“Two-Year Care and Control
A minor or an 18-year-old student may be eligible for a resident classification if, immediately prior to enrolling in a post-secondary institution, s/he has been living with and been under the continuous direct care and control of an adult, other than a natural or adoptive parent, for a period of not less than two years. The adult having control must have been considered a California resident for tuition purposes immediately prior to the residence determination date. So long as the student maintains continuous enrollment at a California public post-secondary institution, this classification will continue until the student has reached age 19 and lived in the state for the minimum time necessary to become a resident.
Requirements
a. The student must have lived with an adult, or series of adults, other than a parent, for at least two years immediately prior to enrollment
b. The student must not receive support or income from any source outside of California
c. The California adults must not receive support or income on behalf of the student from any sources outside of California
24
d. During the two-year period, the student must have been under the continuous direct care and control of the adult(s) with no assistance provided by others, including the student’s parents
e. During the one year immediately prior to the residence determination date, the adult(s) must have met the requirements for residence for tuition purposes
f. If the student is not a U.S. citizen or permanent resident, s/he must be eligible to establish residence once s/he reaches majority
g. The student must maintain continuous enrollment at a California public post-secondary institution. If the student has enrolled in more than one post-secondary institution, attendance in all post-secondary institutions must amount to continuous, full-time attendance throughout the prescribed period
h. The student must live with the person having care and control, and at no other address. No exceptions will be made to this requirement (e.g., private school or community college)”</p>
<p>Note that “a” and “h” apply when you are establishing your in-state status, before application, and not when you actually attend class in college. </p>
<p>^Yup. That’s exactly from the document I linked, pg 23. </p>
<p>@DonutKnow:</p>
<p>Props to you for being the adult in this exchange.</p>