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Can You Get Emancipated to Attend an Out-of-State College

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  • 06-09-2017, 05:44 PM
    lmld
    Can You Get Emancipated to Attend an Out-of-State College
    My question involves juvenile law in the State of: Connecticut and Illinois

    I am a minor under the age of 18, and just acquired my high school diploma. For one year, I was planning on attending a community college in Illinois while living with my friend (over 18) and her mother (paying a monthly rent for water/utilities/help w grocery bill/etc). For my first year of college, I will still be under the age of 18. Since this is a community college, I cannot live on campus, and therefore am able to have the college cover liability/become "guardian" of me. Is emancipation the best way to legally handle this situation?

    I've been researching ways to make the situation legal, and so far I have come up with the following:

    Power of Attorney for a Minor
    The issue with a POA is that I am not sure if that still means I can legally live out of state with another adult who legally is not a guardian. From what I've researched, POA's are generally able to cross states with a little more paperwork and hassle.

    Legal Guardianship
    Another option is to have my friend's mother become my legal guardian. I wished to avoid this because I was told she might have to put me on her insurance plan instead of my parents. However, guardianship laws state that parents are still responsible for a lot of costs, and I found one site that stated a child may stay under a health insurance plan even if they are going out of state for college (not sure if that meant the minor would be living on campus or not). Legal guardianship is also a hassle because it goes through court, and since my friend's mother lives in Illinois while I live in Connecticut, it would not be plausible to have either side attended court located in the state which we don't reside. However, legal guardianship seems like the most legal way EXCEPT for the fact that the reasons for which a guardian is taking over a child doesn't necessarily apply to me (marriage, military, parent unable to be present at the time, harmful environment, etc).

    Caregiver Affidavit
    I do not know if this crosses states nor if if is a valid way for me to live OOS as a minor. I know it doesn't give guardianship to the person, but from what I've been reading, it seems as if it could work for certain things.

    Emancipation
    This one is another hassle. I would be working and be paying for my insurance, car, etc, but would only be paying rent for living in Illinois with my friend. I must provide proof I can live financially independent, but would I be considered financially independent if I was still living with another adult (but still paying rent)? I feel as if me living with my friend and her mother would look like I was not financially independent.

    Are there any other legal ways to approach this? Which way is the best/most reasonable? My parents would give consent to any of these situations as they are the ones who are most concerned with me legally living OOS as a minor.
  • 06-09-2017, 06:16 PM
    jk
    Re: Emancipation to Attend Out of State College Living Off Campus
    Your parents can allow you to live out of state, legally. I don't see the reason or need to do anything as long as your parents alllow you to stay with your friend and his/her mother.
  • 06-09-2017, 09:27 PM
    cbg
    Re: Emancipation to Attend Out of State College Living Off Campus
    Thousands of minors under 18 go to college out of state every year. None of them need anything more than parental permission.
  • 06-10-2017, 05:40 AM
    flyingron
    Re: Emancipation to Attend Out of State College Living Off Campus
    Are you asking how you can be allowed to go to another state to go to college

    or

    Are you trying to figure out how to game "in state" tuition by claiming emancipation (ain't going to happen) or otherwise gaming the system?
  • 06-10-2017, 09:23 AM
    lmld
    Re: Emancipation to Attend Out of State College Living Off Campus
    Quote:

    Quoting flyingron
    View Post
    Are you asking how you can be allowed to go to another state to go to college

    or

    Are you trying to figure out how to game "in state" tuition by claiming emancipation (ain't going to happen) or otherwise gaming the system?

    Simply trying to go to another state for college. I'll be paying out of state tuition for one year regardless, and have no interest in trying to finesse in regards to tuition, FASFA, etc.

    Everyone is saying I simply need permission, but I don't know how that would look on paper since I would be a minor out of state and off campus. If I had said I was going to rent an apartment with an adult while attending the college, the situation shows the legal issues clearer (possibly) in regards to me not only being a minor not living w parents, but also out of state. Since the college will not become my "guardian" (which would be the case if I lived on campus obviously), I don't know how any government official would accept a minor living 1k miles from home without a legal guardian/some other similar setup (I highly doubt there would ever be snooping from gv/DCFS/etc, but colleges require all of this info, and they could see it as a legal issue). I personally just want to move without any legal hassle, but my parents are worried about liability.
  • 06-10-2017, 09:34 AM
    jk
    Re: Emancipation to Attend Out of State College Living Off Campus
    You won't be emancipated.

    The courts are not going to strip your parents of their rights and responsibilities unless there is justification for it

    bottom line; you are your parents child and that's how it will remain.

    no, a college does not become your guardian if you live on campus.


    it really is as simple as your parents give you permission to go to school in Illinois. You are either making way to much of this or there is an ulterior motive you have not disclosed.
  • 06-10-2017, 09:58 AM
    Mark47n
    Re: Emancipation to Attend Out of State College Living Off Campus
    In classic teenaged fashion you are taking a relatively simple situation and making it way, way harder than it needs to be.

    If you have permission from your parents I doubt the authorities will care at all unless you are engaged in other illicit activities. If, however, you find yourself asked to leave, for whatever reason, you'll find yourself pretty screwed. Generally apartment managers are unwilling to allow minors to live in their buildings w/o an adult as they generally are not liable for financial damages, the parents will be. This often stays the case if the parents are the ones on the lease as minors are...unpredictable.

    Why on earth would you pay out of state tuition for a community college!? I mean, why bother? If you graduated early why not just head off the the 4 year school if you're able? Or, cool your heels and get a job and squirrel away the money? It's not often in life that you find yourself able to do that.I will say that younger than usual students typically have a difficult time assimilating as the average age of incoming students is, often, higher than 18. I think you're making things way harder than they need to be and you're going to be shocked at the number of complications that you'll face and not just because of your age. I for one would hate living with another family and that applies to when I was 17. Being a semipermanent guest sounds wretched.
  • 06-10-2017, 10:17 AM
    llworking
    Re: Emancipation to Attend Out of State College Living Off Campus
    Quote:

    Quoting jk
    View Post
    You won't be emancipated.

    The courts are not going to strip your parents of their rights and responsibilities unless there is justification for it

    bottom line; you are your parents child and that's how it will remain.

    no, a college does not become your guardian if you live on campus.


    it really is as simple as your parents give you permission to go to school in Illinois. You are either making way to much of this or there is an ulterior motive you have not disclosed.

    I think that the ulterior motive is in state tuition after living there for a year. She absolutely will not get that if she is living in the dorm her freshman year. She appears to think that living there, emancipated, in an apartment for a year might get that for her. I do not know if it will or won't. My cousin lived with my grandmother for her senior year in high school and that qualified her for in state tuition in Illinois, but the OP has already graduated from high school.
  • 06-10-2017, 10:27 AM
    flyingron
    Re: Emancipation to Attend Out of State College Living Off Campus
    Every state (and sometimes different colleges within the state) have different rules for establishing in-state tuition. For example, NJ wouldn't have standed for the sham emancipation. I could have qualified my daughter there as she could have lived in a house I owned up there and qualified, but they won't just give you in-state recognition just because you up and moved there.

    If you're living in CT, then emancipation isn't going to happen in your situation. If you are currently living in IL, it might be a possibility with your parent's consent, plus other requirements. Barring an actual court finding of emancipation, FAFSA is not going to determine you are an independent studnet for their purposes.
  • 06-10-2017, 11:05 AM
    lmld
    Re: Emancipation to Attend Out of State College Living Off Campus
    Quote:

    Quoting llworking
    View Post
    I think that the ulterior motive is in state tuition after living there for a year. She absolutely will not get that if she is living in the dorm her freshman year. She appears to think that living there, emancipated, in an apartment for a year might get that for her. I do not know if it will or won't. My cousin lived with my grandmother for her senior year in high school and that qualified her for in state tuition in Illinois, but the OP has already graduated from high school.

    No, I genuinely have no motive other than find a way to get my parents off my back about the situation. I don't care about the tuition due to my own personal options and finances, so the cost is not a matter to me. I also am not trying to find a sneaky way to not be under my parent's guardianship/custody of me. The apartment was an example to help explain something I was talking about. I will be living with my friend and her mother, and will begin my first semester this fall, so there's no way I could use the "living in IL for one year to be a permanent resident" unless I waited another year to enroll. I just moved to CT last June from Illinois, so this past Wednesday marked one official full year that I have lived in Connecticut, and therefore it doesn't matter that I had lived my whole life in Illinois prior to one year ago.

    Quote:

    Quoting jk
    View Post
    You won't be emancipated.

    The courts are not going to strip your parents of their rights and responsibilities unless there is justification for it

    bottom line; you are your parents child and that's how it will remain.

    no, a college does not become your guardian if you live on campus.


    it really is as simple as your parents give you permission to go to school in Illinois. You are either making way to much of this or there is an ulterior motive you have not disclosed.

    Seeing all of the replies to this thread has confirmed my suspicion that it wasn't a big deal. The reason I was digging so deep is because my father works insurance so he stresses insurance and coverage for almost everything, and doing anything legally to avoid lawsuits/fines/etc. It was his very strong belief that I absolutely had to have legal guardianship transferred to Illinois. So here I am trying to find out what must be done, if anything, because he would not give me permission to move if he thought it was not being done legally.
  • 06-10-2017, 11:38 AM
    flyingron
    Re: Emancipation to Attend Out of State College Living Off Campus
    Getting your parents off your back is not what emancipation is for. Since you are residing in Connecticut, JK is right. There is no chance you're going to get emancipated in your current circumstances. Despite what you think you know of the word, emancipation is not intended (nor can it be used in your state) to escape parental enslavement. Rather, it is the recognition of an ALREADY INDEPENDENT minor who needs relief from certain things denied him such as being able to sign contracts.
  • 06-10-2017, 11:46 AM
    lmld
    Re: Emancipation to Attend Out of State College Living Off Campus
    I apologize if I keep explaining in a way that people don't seem to understand, because you and a few others are misinformed. I am fully aware of what emancipation is, and what is needed to do it, and what circumstances it falls under, etc. When I say I want my parents off of my back, I don't mean legally in any way (mentioned in another reply, so maybe you didn't see that). I am looking for the legal way, IF ANY, to move so that my father allows me to actually follow through with the move. Due to the replies, I can see that my father was most likely wrong about needing to switch guardianship. Therefore, if this is true, I can now tell him --with backup support from this thread and other sites that I have been researching-- that no such legal work is required at all. This in turn means he will be off my back, I move, and everyone is happy (:
  • 06-10-2017, 11:52 AM
    flyingron
    Re: Emancipation to Attend Out of State College Living Off Campus
    If your parents consent, you can go.
    If your parents do not consent, you wait until you turn 18.

    There are no other options in your situation.
  • 06-10-2017, 12:35 PM
    qwaspolk69
    Re: Emancipation to Attend Out of State College Living Off Campus
    Quote:

    Quoting lmld
    View Post
    Simply trying to go to another state for college. I'll be paying out of state tuition for one year regardless, and have no interest in trying to finesse in regards to tuition, FASFA, etc.

    Everyone is saying I simply need permission, but I don't know how that would look on paper since I would be a minor out of state and off campus. If I had said I was going to rent an apartment with an adult while attending the college, the situation shows the legal issues clearer (possibly) in regards to me not only being a minor not living w parents, but also out of state. Since the college will not become my "guardian" (which would be the case if I lived on campus obviously), I don't know how any government official would accept a minor living 1k miles from home without a legal guardian/some other similar setup (I highly doubt there would ever be snooping from gv/DCFS/etc, but colleges require all of this info, and they could see it as a legal issue). I personally just want to move without any legal hassle, but my parents are worried about liability.

    17 year olds go to out of state college all the time. And no the college doesn't become your guardian when you live on campus. You have legal guardians - your parents! If they give permission you can live where they say.
  • 06-10-2017, 02:24 PM
    Mercy&Grace
    Re: Emancipation to Attend Out of State College Living Off Campus
    I'm sure your parents will talk to an attorney and the school you wish to attend about this. Based on what you have said about your dad. I don't see him taking any info from the internet as fact and he shouldn't.
  • 06-11-2017, 06:41 AM
    Sherrylaura
    Re: Emancipation to Attend Out of State College Living Off Campus
    I need to know what my granddaughter needs to do legally to emancipate herself at 16 in the U.K. And move to the US
  • 06-11-2017, 07:11 AM
    Mercy&Grace
    Re: Emancipation to Attend Out of State College Living Off Campus
    This site only deals with laws in the United States.
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