Hi I know the title is confusing. Basically I was adopted by my current mother, who was dating my biological mother’s father at the time. But I’m actually not sure if I was adopted. My biological parents were druggies and my biological grandmother was willing to take me in but could not at that time. So they asked my mother to take care of me until my biological grandmother was ready to take me. One year later my mother went to court to fight my biological grandmothers claim over me because she had fallen in love with me. She won full custody. My mother tells me now that she set something up to where I am legally of my own entity and that colleges would not expect her to pay for my tuition. I also noticed that she gets money for housing me. Where is my legal standing? Am I in a foster home technically? Or adopted? My mother makes too much money for me to get financial aid, but can I still get it based on my situation? My mother claims she has the paperwork for it but she has lost my ss card and my birth certificate so I am doubtful that she has it on hand. Please help.
You need to find out if you were adopted legally. If so, your adoptive mom’s income and assets will need to be listed on your financial aid application forms.
What did this mom set up that makes you “your own entity”? If immasking that question…colleges will as well.
Where does the housing money come from??
Separate advice…get a copy of your SS card…and your birth certificate.
It sounds like she had sole legal custody of you, as a foster parent at least until you were 13. At that point, you are deemed independent for financial aid, even if she later adopted you.
Use the link in the last line on the page this page to help you figure out who you need to contact
https://fafsa.ed.gov/fotw1718/help/orphan.htm
May guess is that if you mother is getting money for “housing you” you are likely in foster care.
You need to get copies of all of the court papers (which you will need to produce to the school anyway), which pertain to your custody/guardianship. If you are 18 you can get them from the family court (otherwise your Mother can get copies of the papers). There may be copies of these papers in your permanent record file at school if all of this happened before you began school or while you were in school there had to be a change of parents in your school records.
Testing for understanding
Your “mother” was married to your maternal grandfather (making her your step-grandmother). are they still married
When your “mother” filed for custody of you - did she have custody of you with your grandfather?
Were you adopted or placed in legal guardianship where your Mother (step grandmother) & maternal grandfather are your legal guardians?
If you have been adopted, then your step-grandmother (mother) and your grandfather are your legal parents. their income and assets must be used.
Since you talk about custody, it sounds as if you were placed in legal guardianship/kinship and your mother is receiving subsidized guardianship (courts if they can would prefer to place a child with relatives who are willing to take them (kinship) than to place them in the foster care system).
If you were placed in foster care, kinship or legal guardian ship after the age of 13, you will be independent for federal aid (that does not necessarily make you independent for institutional aid).
Hi @pinkbarbie, I’m a former foster parent who adopted a child from foster care (not a relative).
If you are legally adopted, your mother can request a copy of the paperwork (adoption decree) from the county courthouse or from the lawyer (if she remembers who represented her). Also, there are procedures to get a copy of your birth certificate and ss card. Check out the websites. Do you have a driver’s license? If so, what identification did you use for that?
But, it doesn’t sound like you were legally adopted if your mom receives money for your care. It sounds like a legal guardianship. You said your mom was only dating your biological grandfather, right? So she’s not a biological relative. Did she go through foster care training of any kind? Did she fill out any paperwork or have a home inspection at any point? Does anyone from children and family services ever come out to check your house? Is it possible the money your mom receives is some kind of social security? Did your biological parents have their parental rights terminated by a court?
How old were you when all this happened? Your age makes a difference regarding being considered independent for financial aid purposes.
Sorry it’s so complicated for you.
You also need to look at your state laws, If you are in Texas and go to a Texas public college tuition is waived even if you are adopted.
“You are eligible for the tuition and fee waiver if you were adopted and were the subject of a financial assistance agreement providing monthly payments and Medicaid benefits.”
What state are you in?
The placement doesn’t have to have happened before age 13, the person just has to have been in a court supervised placement at some time after 13 (placement can have happened at birth).
In some states, there are support payments made after a legal adoption. Medicaid eligible too. In Colorado, a child adopted after state custody (through the foster system or other state action) have their medicaid continued through high school graduation. My friend adopted her step-grandchildren and although the friend’s family is quite wealthy, they kept the medicaid because it covers all kinds of therapies.
OP, get your forms and dates together and then ask your question again. Were you placed as an infant? As a teen? What state do you live in? You’ll need to know the date of adoption if you were adopted.
There is definitely such a thing as receiving a monthly government subsidy for an adopted child, so just the fact of your mother getting money for housing you doesn’t establish whether you’re adopted or foster. But it may matter a lot for financial aid.
It seems to me that your mother doesn’t want to discuss it. I was a legal guardian & I always carried the legal papers with me in case of medical or other emergency.
So definitely you need to get a hold of the legal papers, your birth certificate, & Social Security card. I am somewhat suspicious as to how you get along in life without those documents. Are you not of an age to get a drivers license or a job? Your mother would have needed to produce the legal documents from time to time.
In any case, duplicates can be had, perhaps for a fee, but without ID you’re not going to be able to get them yourself.
I believe you have every right to know your own legal status. Your school may have some of these papers on file and I should think you should be able to review your own file.
If you were in foster care or were a ward of the court for even a day when you were 13 or older, you are independent for financial aid purposes. Legal guardianship must be in effect at the time you file the FAFSA if you are under 18 & must be in effect at the time you turn 18 to make you independent for financial aid purposes (court papers must say guardianship, not custody). If you are in foster care, some schools have support programs for their students. This link has some info that may help you search for resources that may be available for you: https://www.naspa.org/constituent-groups/kcs/socioeconomic-and-class-issues-in-higher-education/initiatives .
If you are independent, you will use only your information on the FAFSA - no parent info included. How this affects aid depends on the school … and on your own income and assets.
@alooknac I just remembered that on legal papers we usually put her under “legal guardian”. And yes, I am 17 but have not gotten my permit because I need my social security card for it.
@sybbie719 The whole court thing occurred when I was one years old and my mother has been my legal guardian ever since. She was not married to my biological grandfather and they broke up. Since I have been in the care of my mother for about 16 years, does that mean I am not eligible for financial independence?
@twoinanddone I was one years old when my mother became my legal guardian. I am seventeen now, live in Arizona, have lived with my mother since the whole ordeal.
@HRSMom So if I am under the care of a legal guardian, once I turn 13 I am financially independent?
You have to look at the court documents. You might have been adopted or you might be a ward of the state, placed with your mother temporarily or permanently. If you were adopted before 13, then you are not independent for financial aid purposes. If you have a private placement, you may not be independent for FA purposes. If your legal guardianship is with the state (and your mother is a guardian), then you are independent. Your mother has to know your status. Ask her for the paperwork and see what the wording says.
I’m sure you have a SSN. Most hospitals apply for them to be issued when a baby is born. You might want to check to see if it has been compromised. It is very difficult to get a new number, but exceptions have been made for children who went through the foster care system since so many people have had access to the number they are often used for fraud. Your mother should have it as I’m sure she takes a deduction for you on her taxes.
@3scoutsmom Arizona
@kelsmom She has been my legal guardian since I was one years old. What does that entail?
If you’re not sure whether or not you were adopted, you need to see the paperwork and clarify your status. You also need your social security card. Have you asked your mom for the paperwork?
If you are considered in “foster care” this might be helpful
https://students.asu.edu/arizona-foster-youth-programs
@pinkbarbie for FAFSA purposes yes, you would be considered independent. For any other purposes, not necessarily.