Here is the awnser to my question from the residency board at UCSB
"Graduation from a California high school is not a criteria for residency, but there is an exemption from nonresident tuition based on high school attendance and graduation. This would not be available to you if you are not attending and will not graduate from a California high school.
As a minor (under age 18) your residency is that of the parent with whom you live with during the school year; that is, your mother at the present time. If you are able to move back to California to live with your father before you reach age 18, you immediately assume his residency in California.
In the event you reach age 18 while living with your mother, there is still a way for you to be assessed in-state fees based on your father’s residency. It’s called the Condit Bill. Under this provision, you may be exempt from nonresident fees if you can demonstrate dependence on your California resident father. To qualify, you would have to be listed as a dependent on your father’s income tax returns. This would allow you to be exempt from nonresident tuition for one year, allowing you the 366 days you need as an adult to satisfy the University’s presence and intent requirements."