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Michael Gonzalez
Michael Gonzalez,
Category: Family Law
Satisfied Customers: 60
Experience:  Managing Member at EWF Title, LLC
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My 19 year old cousin,, has been living with me in Florida

Customer Question

Hello. My 19 year old cousin, Chris, has been living with me in Florida since December of 2015, and will not be going back to live with his mother in Missouri. His parents are divorced, and his father lives in Florida. He won't be living with his father either. Is emancipation an option for him to not be required to report his mother or father on financial aid paperwork and Florida residency paperwork since neither of them are supporting him? Thank you for your help...
Submitted: 8 months ago.
Category: Family Law
Expert:  Michael Gonzalez replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Since your cousin was not born before January 1, 1992 then a court determination will be required to avoid utilizing his parents' financial information. See general checklist below:

If you can answer Yes to any of the following questions, you are considered an independent student on the 2015-2016 Free Application for Federal Student Aid (FAFSA), and you generally will not need to provide your parents’ information.
(Note: Health profession students may be required to provide parental information regardless of their dependency status.)

However, if you can answer No to all of the following questions, you are considered a dependent student and generally your parents must provide parental information on your FAFSA:

  • Were you born before January 1, 1992?
  • As of today are you married?
  • At the beginning of the 2015-2016 school year, will you be working on a master’s or doctorate program (such as an MA, MBA, MD, JD, PhD, EdD, or graduate certificate, etc.)?
  • Are you currently serving on active duty in the U.S. Armed Forces for purposes other than training?
  • Are you a veteran of the U.S. Armed Forces?
  • Do you now have or will you have children who will receive more than half of their support from you between July 1, 2015 and June 30, 2016?
  • Do you have dependents (other than your children or spouse) who live with you and who receive more than half of their support from you, now and through June 30, 2016?
  • At any time since you turned age 13, were both your parents deceased, were you in foster care or were you a dependent or ward of the court?
  • As determined by a court in your state of legal residence, are you or were you an emancipated minor?
  • As determined by a court in your state of legal residence, are you or were you in legal guardianship?
  • At any time on or after July 1, 2014, did your high school or school district homeless liaison determine that you were an unaccompanied youth who was homeless or were self-supporting and at risk of being homeless?
  • At any time on or after July 1, 2014, did the director of an emergency shelter or transitional housing program funded by the U.S. Department of Housing and Urban Development determine that you were an unaccompanied youth who was homeless or were self-supporting and at risk of being homeless?
  • At any time on or after July 1, 2014, did the director of a runaway or homeless youth basic center or transitional living program determine that you were an unaccompanied youth who was homeless or were self-supporting and at risk of being homeless?
Customer: replied 8 months ago.
Can he file for emancipation even though he is 19?
Expert:  Michael Gonzalez replied 8 months ago.

In Florida, emancipation automatically occurs when a minor reaches 18 years of age or when they marry. However, a minor cannot get married without parental consent. So, it appears that he would only need to prove his Florida residency as he is already emancipated.