FAFSA mistake fixed: Legal CUSTODY vs GUARDIANSHIP confusion with independent status

why did u have to use bio mom's info if she's not supporting her? that makes no sense! the whole system is rigged against families in unique situations smh

This is a really common confusion that trips up a lot of families. For FAFSA purposes, the terminology makes a significant difference. Legal custody typically refers to physical custody (where the student lives), while legal guardianship refers to who makes legal decisions for the minor. The Department of Education specifically requires court-appointed legal guardianship documentation for independent status. It's good you caught this and made the correction! Many families don't realize this until they're selected for verification, which can delay their aid package by weeks or even months.

omg so happy u got it fixed already!! mine took like 3 weeks to process after i made changes last year

Wait I'm confused - so if someone has custody but not guardianship, the kid HAS to use their bio parent's info on FAFSA? Even if that parent isn't in the picture at all? What happens if the bio parent refuses to provide their information?

Just to add some crucial information here - this distinction between custody and guardianship is absolutely critical for FAFSA purposes, and the confusion is widespread. Legal custody typically addresses where a child lives and day-to-day decisions, while legal guardianship involves who has legal authority to make decisions for the minor. For anyone in a similar situation facing a FAFSA appeal or correction, I strongly recommend getting direct clarification from Federal Student Aid. However, their phone lines are notoriously difficult to get through on. I recently discovered a service called Claimyr (claimyr.com) that helped me get through to an actual FSA agent without the usual 2+ hour wait. They have a video demo showing how it works: https://youtu.be/TbC8dZQWYNQ Getting that direct confirmation from FSA about your specific custody/guardianship situation can save weeks of processing time and potential verification headaches.

I've been through this exact same situation with my nephew! The terminology is so confusing and inconsistent. For anyone reading this who's in a similar situation - you might still qualify for a dependency override if you can document that the parent-child relationship is severed. Each school can make their own determination, so apply for the override at EACH school you're considering.

literally having this same issue right now. ive been my brothers legal guardian since our parents died (has been confirmed by court) but fafsa is saying he needs to be my dependent?? makes no sense

UPDATE: Just wanted to share that after our correction, my great-niece's SAI came back much higher than we expected because of her mom's income (even though she provides ZERO support). We're now working on requesting a Professional Judgment review with her college to see if they'll adjust the SAI based on the actual financial situation. So the saga continues...

This is such valuable information - thank you for sharing your experience! I'm currently helping my cousin navigate a similar situation and this distinction between custody and guardianship is exactly what we needed to understand. It's honestly shocking that three different financial aid advisors gave you incorrect information about something this important. Your post probably just saved dozens of families from making the same mistake. Really glad you got it sorted out, even if the SAI calculation wasn't what you hoped for. The Professional Judgment route sounds like your best bet now - hoping that works out better for you!

This is such a helpful thread! I'm a financial aid counselor at a community college and I have to admit, the custody vs guardianship distinction trips up even some of us professionals. We've been working on better training materials for our staff after seeing too many students get incorrect guidance on this exact issue. Your experience highlights why it's so important for families to get multiple sources of information and verify everything directly with Federal Student Aid when possible. I'm bookmarking this post to share with colleagues - real-world examples like yours are invaluable for training purposes. Thanks for taking the time to document your journey through this process!

Wow, this is exactly the kind of detailed breakdown I needed to see! I'm currently dealing with a custody situation for my younger brother and was completely confused about whether he'd qualify for independent status. The fact that three different college financial aid advisors gave you wrong information is honestly terrifying - it makes me wonder how many students are out there with incorrectly filed FAFSAs right now. I really appreciate you taking the time to explain the difference between custody and guardianship so clearly. It sounds like such a nightmare to go through, but you're probably helping so many families by sharing this experience. Going to definitely verify everything directly with FSA before we submit anything. Thanks for saving us from potentially making the same costly mistake!

This is such an important distinction that I wish was made clearer in all FAFSA resources! I'm actually going through something similar with my stepson - his biological father has legal custody but we've been his primary caregivers and financial supporters for years. Reading through all these comments, it sounds like we might need to pursue a dependency override since the bio dad is completely uninvolved financially but would technically be required to provide his information. The Professional Judgment route you mentioned gives me hope that schools can look at the actual situation rather than just the legal paperwork. Thank you for sharing this whole experience - it's incredibly valuable information that could save so many families from the same headache!

This thread is incredibly eye-opening! As someone who's about to help my niece with her FAFSA next year, I had no idea there was such a critical difference between custody and guardianship. The fact that multiple financial aid advisors at different colleges all gave you the same wrong information is really concerning - it makes me wonder how widespread this misinformation is across the system. I'm definitely going to bookmark this post and make sure to verify everything directly with Federal Student Aid before we submit anything. Thank you so much for taking the time to share your experience and all the follow-up details about the Professional Judgment process. Posts like this are exactly why communities like this are so valuable - real experiences from real families navigating these complex situations. Hope the PJ review works out in your favor!

This is such crucial information that really should be more widely known! As a parent who's been helping friends navigate various FAFSA complications over the years, I'm honestly shocked that this custody vs guardianship distinction isn't explained more clearly in the official guidance. The fact that you got consistent misinformation from multiple trained financial aid professionals really highlights a serious gap in the system. What strikes me most is how this affects families who are doing everything right - you're providing for your great-niece, she's living with you, but because the legal paperwork doesn't use the exact terminology FAFSA requires, you're forced to involve someone who provides zero financial support. It's frustrating how rigid the system is when real family situations are so much more complex. Your experience with the quick processing time after corrections is encouraging though! And definitely pursue that Professional Judgment review - schools often have more discretion than people realize when the legal situation doesn't reflect the actual financial reality. Thanks for sharing this detailed walkthrough - it's going to help so many families avoid this same costly mistake.

This post is incredibly helpful and really highlights a major flaw in how FAFSA information is communicated! I'm actually dealing with a similar situation right now - my aunt has had custody of me since I was 14, but reading through all these comments, I'm realizing we might have made the same mistake on my FAFSA. We checked the guardianship box because everyone told us that's what custody meant for FAFSA purposes. What's really concerning is that this seems to be such a widespread issue with even trained financial aid counselors not understanding the distinction. It makes me wonder how many students are going to get hit with verification requests or aid adjustments later because of this confusion. I'm definitely going to contact FSA directly to verify our situation before any aid gets disbursed. Thank you for sharing your experience so thoroughly - posts like this are exactly why this community is so valuable for navigating these complex processes!

Wow, this is such an important post - thank you for sharing this detailed experience! As someone who's completely new to the FAFSA process, I had no idea there was such a critical difference between custody and guardianship. It's honestly terrifying that three different college financial aid advisors all gave you the same incorrect information about something so important for determining aid eligibility. Your explanation of custody vs guardianship is incredibly helpful and clear. I can see how easy it would be to assume they mean the same thing for FAFSA purposes, especially when even trained professionals are getting it wrong. The fact that your great-niece had to use her uninvolved bio mom's financial information despite living with and being supported by your family really highlights how inflexible the system can be with complex family situations. I'm definitely bookmarking this thread and will make sure to verify everything directly with Federal Student Aid if I encounter any similar situations. Really hoping the Professional Judgment review works out for you - it sounds like you have a strong case given the actual vs legal financial support situation. Thanks for taking the time to document this whole process so thoroughly!

This is such an incredibly valuable post - thank you for sharing your experience in such detail! As someone who works with families navigating financial aid applications, I see this custody vs guardianship confusion come up far too often. It's honestly shocking that three different financial aid advisors gave you incorrect information about something this fundamental to FAFSA eligibility. What really stands out to me is how this situation perfectly illustrates the disconnect between legal terminology and real-world family dynamics. Your family is clearly providing all the care and support for your great-niece, yet the system forces you to involve someone who contributes nothing financially just because of how the legal documents are worded. The quick processing time after your corrections is encouraging though! And definitely pursue that Professional Judgment review - many families don't realize schools have significant discretion to adjust aid calculations when the legal situation doesn't reflect the actual financial reality. Make sure to document everything showing the lack of financial support from bio mom. This thread is going to help so many families avoid this costly mistake. Posts like yours are exactly why communities like this are so important for navigating these complex processes!

This is such an important thread - thank you for sharing your experience so thoroughly! As a newcomer to this community and the FAFSA process, I'm honestly shocked that three different college financial aid advisors could all give the same incorrect information about something so critical. Your clear explanation of the custody vs guardianship distinction is incredibly helpful and probably just saved countless families from making this same costly mistake. What's particularly frustrating is how the system penalizes families like yours who are actually stepping up to provide care and support, yet forces involvement from someone who contributes nothing financially just because of legal terminology. The fact that you caught this early and got it corrected so quickly gives me hope, though I imagine the stress was intense. I'm definitely bookmarking this post and will make sure to verify everything directly with Federal Student Aid rather than relying solely on college advisors. Really hoping your Professional Judgment review works out - it sounds like you have a strong case given the actual vs documented financial support situation. Thanks for taking the time to educate the rest of us navigating these complex family situations!