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GalaxyGlider

FAFSA dependency status confusion - legal guardianship of niece but not adoption

My husband and I have had custody of my niece since she was a baby (she's 17 now and applying for college). We have legal and physical custody documents from the court but never formally adopted her. We've supported her 100% financially with zero help from her biological parents who split up years ago. I'm completely lost on how to fill out her FAFSA. Does she list us as parents since we're her legal guardians? Or does she need to somehow track down her bio parents' financial info? Her dad hasn't filed taxes in who knows how long and her mom lives in another state with minimal contact. Is there any way she qualifies as an independent student? The FAFSA website is giving me contradictory information and I'm freaking out because some of these schools have early priority deadlines.

Legal guardianship is actually one of the ways a student can qualify as independent on the FAFSA! If you have court documents establishing legal guardianship (not just custody), then your niece can file as an independent student. When completing the FAFSA, she'll answer "yes" to the question about legal guardianship. This means neither your information nor her biological parents' information will be required. Make sure to have copies of the court documents ready in case the financial aid office requests verification.

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GalaxyGlider

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Wait really?? We have a document that says "legal and physical custody" but I'm not sure if it specifically says "guardianship" - would that still count? I'm going to dig out the paperwork tonight. This would be such a relief if she qualifies as independent!!

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careful, there's a big difference between custody and guardianship!! colleges are SUPER picky about this. my cousin thought she was independent bc her grandparents had custody but financial aid office made her get her parents info anyway. brutal process.

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This is 100% correct. The FAFSA specifically distinguishes between legal custody and legal guardianship. They are NOT the same thing legally. You need documents that specifically state "legal guardianship" for FAFSA purposes.

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GalaxyGlider

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I just found our paperwork and it DOES say custody, not guardianship. So frustrating! Does this mean we have to somehow get her biological parents' information? Her dad hasn't even been in the picture for years and probably hasn't filed taxes. This feels impossible.

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You have two potential options here: 1) You can work with her school's financial aid office to request a dependency override based on the unusual circumstances. Bring your custody documents and evidence that you've been supporting her. Each school has discretion to grant these on a case-by-case basis. 2) On the FAFSA itself, if she genuinely cannot obtain parental information, there is a special circumstance option. She can complete the FAFSA without parental information, but must follow up with each school's financial aid office to explain the situation. I recommend starting with option #1. Many schools have special forms for dependency override requests. Document everything thoroughly - your custody arrangement, statements about no contact with biological parents, and evidence of your financial support.

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Omar Farouk

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i went thru something similar with my nephew but different...he had to get a dependency override. each school handles it differently but they all wanted like TONS of documentation and letters from "objective third parties" whatever that means lol. took forever but we eventually got it approved

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GalaxyGlider

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Did you have to contact every school separately? My niece is applying to 7 different colleges and I'm worried we'll have to go through this whole process multiple times. Did they make your nephew track down his biological parents at all?

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Omar Farouk

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yeah unfortunately we had to do it for each school separately :( some were pretty easy just needed the court docs and a letter explaining things, others wanted like professional letters from his therapist and his high school counselor. nobody made us contact his bio dad tho since we had documentation that he hadn't been in contact for years

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CosmicCadet

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Have either of you tried calling the Federal Student Aid office directly? I spent WEEKS getting bounced around with similar custody issues last year until I found this service called Claimyr (claimyr.com) that got me connected to a real person at FSA in about 10 minutes. They have a video showing how it works: https://youtu.be/TbC8dZQWYNQ The FSA agent was able to tell me exactly what documentation was needed and even put notes in my daughter's file that all the schools could see. Saved us from having to individually convince each school about our situation.

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Chloe Harris

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BEWARE because even with a dependancy override, she will only be eligible for the base federal loan amounts as if her parents were contributing the full expected family contribution (EFC). My foster child got screwed by this - got the dependancy override but then hardly any actual aid because the system assumes independant students can pay more out of pocket somehow?? Makes NO SENSE.

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This isn't entirely accurate. Independent students actually have higher federal loan limits than dependent students. However, you're right that they often receive less need-based aid because their income/assets aren't supplemented by parental contributions. But with little/no income of her own, the niece could qualify for substantial Pell Grant money as an independent student if she gets the override.

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GalaxyGlider

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I just got off the phone with someone at Federal Student Aid (thanks for the Claimyr tip @profile3, it actually worked!). They confirmed we need to pursue dependency overrides with each school since we have custody but not guardianship. The FSA agent said to gather: 1) Our court custody documents, 2) Letter explaining the situation, 3) Letter from a professional who knows the situation (teacher, counselor, etc.), 4) Any documentation showing we've supported her financially. They're going to add notes to her FAFSA record that schools can see. For the actual FAFSA, she should first try completing it with "I am unable to provide parental information" selected, then immediately contact each school's financial aid office.

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This is excellent advice and exactly the right approach. One additional tip: have your niece create a simple cover letter/document that explains her situation that she can send to all schools. This keeps her story consistent across all applications and saves time. Also, start this process EARLY - dependency overrides can take weeks to process at some schools.

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For anyone dealing with these kinds of special circumstances, documenting the "unusual nature" of the situation is critical. Financial aid officers have told me they look for: 1. Evidence of abandonment/neglect by biological parents 2. Impossibility (not just difficulty) in obtaining parental information 3. Evidence the student is self-supporting or supported by someone else 4. Letters from professionals (not family friends) who can verify the situation Also, very important: dependency overrides must be renewed EACH YEAR. Don't assume it carries over automatically.

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GalaxyGlider

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Thank you all SO MUCH. This has been incredibly helpful. We've already started gathering documentation, and my niece has an appointment with her counselor tomorrow to get a support letter. I feel much better knowing there's a path forward, even if it requires some extra steps. Will update once we hear back from the schools!

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Sophia Carter

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Just wanted to add that you might also want to contact the colleges directly to ask about their specific dependency override policies. Some schools are much more generous with these than others, and it could factor into her final college decision. I've heard that some private schools with large endowments are particularly flexible with special circumstances like this. Also, make sure to ask each financial aid office about their timeline - some process these overrides much faster than others, which could be important given those early priority deadlines you mentioned. Good luck!

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Liam McGuire

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This is such great advice about contacting schools directly! I'm new to this whole process but dealing with something similar with my younger brother. Can I ask - when you say some private schools are more flexible, do you mean they're more likely to approve the override or that they provide better aid packages once it's approved? Also wondering if anyone knows whether community colleges handle these situations differently than 4-year schools? My brother is considering starting at CC to save money but I want to make sure we don't run into different complications there.

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