Legal Question in Family Law in Pennsylvania

Re: Step-Mother's rights

A step-parent does not have custodial rights merely by the legal status of being a step-parent.

In custody matters in Pennsylvania, persons other than the child's parents are considered "third parties" and specific rules have developed under the case law applying to them. The initial hurdle for third parties attempting to attain custody rights is "standing", or, whether that person has the right to petition the court for custody. The courts have found third parties to have standing in custody matters if they have a "prima facie right to custody" which means, in a loosely literal translation, that on the face of the facts the third party appears to have a legitimate custodial claim. For third parties, this usually requires that the person claiming cutodial rights has stood "in loco parentis" to the child.

In loco parentis refers to a person who has assumed parental status and discharged parental duties. In a step-parent situation, this would require that the step-parent has been acting as parent to the child, as would clearly exist in a situation where, for example, Father, a working parent, may have had full custody from infancy and his wife, stepmother, a stay-at-home mom, has raised the infant. Lesser degrees of parental relationship would require individual assessment to decide the issue of standing.

Once the third party is found to have standing, they do not automatically obtain visitation rights. The claims for custody, partial custody or visitation would be decided under the standard "best interests of the child" analysis, which takes many factor into account and is based on the facts of each individual case.

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

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this discussion may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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