Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child "ward" whose circumstances require it, and to make decisions about the child's education, support and maintenance. Parents are the natural guardians for their child and do not need to be appointed by a court. If necessary, the court may appoint a guardian to take care and control of the ward even though custody has been awarded to the parents.
A person appointed as guardian must be suitable and qualified and is usually a close adult relative willing to serve. The guardian must always act in the best interest of the ward and make a report to the court at least annually. If the child remains in the legal custody of the parents, the child is not a ward of the court even if the court imposes its authority over the child. For example, a child does not automatically become a ward of the court upon being incarcerated.
Likewise, emancipation does not make a student a ward of the court. Neither incarceration nor emancipation of the student is sufficient on its own to make the student independent. Emancipation occurs when the child is no longer under the legal authority and control of another. This can occur when the child reaches the age of majority, marries, enters military service, is fully self-supporting or by court order.
An emancipated child is legally an adult. Since a child who reaches the age of majority can still be considered a dependent for financial aid purposes and self-supporting is insufficient grounds for independent student status ever since the Bright-Line test was abolished in , emancipation by court order is no different.
The Higher Education Act specifies who is considered a dependent for financial aid purposes, and does not include an exception for emancipation. Emancipation is defined by state law, and as such cannot overrule Federal law. So even though an emancipated child no longer receives financial support from his or her parents, the parents are still obligated to complete the FAFSA form.
However, the circumstances that lead a court to grant an emancipation petition might themselves be sufficient grounds for a dependency override. Note that some states e. The term conservator is often used for a person designated to manage the property of an adult who is unable to do so. This law has been modified by state statutes. The Uniform Probate Code , adopted by virtually every state, has done much to streamline probate law. As legislation changed, and issues arose concerning the protection of wards, the UGPPA underwent scrutiny.
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