Legal Question in Family Law in Pennsylvania

Re: en locos Parentis

In Pennsylvania, in order to claim custodial rights, a person must have a prima facie right to custody. In order for non-parents (known as "third parties") to have a prima facie right to custody, they must have stood in loco parentis to the child. In loco parentis refers to a person who puts himself in the situation of assuming the status of a parent to the child without going through the formality of adoption. It presumes 1. assumption of parental status, and, 2. discharge of parental duties - in other words, doing all the things a parent would do for a child. While the scales would tip strongly toward the actual parent, the overall standard of "best interests of the child" is the final determinant in custody disputes.

Ilene Young, Esquire/ Civil & Family Practice/215-444-0445

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