Loco Means Crazy, right? Maybe.

But not really. In this case, the “loco” is In Loco Parentis. (Yes, lawyers still love the occasion Latin phrase.) Basically, it’s just the legal term of art for acting like a parent or doing the things a parent would normally do for a child. It’s also the topic of this week’s post as very recently, the Supreme Court of Pennsylvania may have changed the rules on this one.

A lot of the folks reading this have had step-parents in their lives, either as a role that they are now fulfilling or have fulfilled in the past, or as someone who came into their lives when they were children themselves. I have seen a parade of step-parents and now serve as a step-parent myself. While often the phrase ‘step-mother’ conjures up images of Disney villainesses enslaving their non-biological children, the truth of the matter is that step-parenting plays a crucial role in today’s society with the numerous blended families that exist. It can be difficult but also extremely fulfilling for both the step-parent and the child. However, the relationship a step-parent has with a child is, in all likelihood, something special and unique from what that child will enjoy with either of their biological parents or other members of their family.

Step-parenting comes with a unique host of obligations and responsibilities to the children involved. What many people don’t realize is that it comes with its own unique host of legal rights and obligations which have recently been redefined by the court.

In Pennsylvania, we have very liberal custody statutes, meaning that there are lots of people that have rights to ask for custody of your children. This comes as a surprise to many people who are shocked to find out that their parents, their former in-laws, and anyone who has cared for their child may have the right to ask for formal custody through the Courts.

Grandparents have their own separate statute in Pennsylvania that confirms that they can ask for partial, or even primary, custody of children. (I’m sure I’ll talk about this at a future point, as it is worthy of its own post.)

There is another provision of our Custody Statute that is much less talked about. This one deals with In Loco Parentis standing. In essence, this means that anyone who cares/discharges parental duties for your children for a period of six months or more can formally ask for custody through the Court and get an Order providing them with specified time. (Yes, even over your objection.)

This would typically include anyone who fulfills the role as step-parent for your child, whether the two of you are legally married or not. This comes as a pretty big surprise to people. You live with someone for a few years, you break up, they sue you to see your kids. Yes. That is, in fact, how it can work. (These In Loco Parentis cases, like all custody cases, are very fact specific.)

The Courts in Pennsylvania have long recognized that biology is not the only means of creating a relationship with a child. Historically, however, those with In Loco Parentis status have never owed a duty of child support. It has long been the idea that the Courts want to encourage acts of charity and kindness, including third parties helping to care for children. As a result, there has not previously been a duty to pay support simply because you have custody through In Loco Parentis standing. The Court previously held that an obligation to provide support for up to 18 years of a child’s life, simply because of the brief period where they assisted in the child’s care would be unfair and discourage acts of charity.

However, in an Opinion issued December 29, 2015 in the case of AS v. IS ,the PA Supreme Court modified this general rule of thumb. It indicated that a former step-parent could be liable for child support. It should be noted that this case, similar to many cases in family law, is very fact specific. Everyone’s life is pretty different and unique and so often times a case will come down, even if it’s from the Supreme Court, which is not applicable in many circumstances. The Court’s opinion in AS v. IS is very clear that this ruling is limited to a situation where the step-parent was “aggressive” and engaged in a “relentless pursuit” of custody rights “equal to that of the biological parent.” The Court described the step father in that case as “having insisted upon and become a full parent in every sense of the concept.” He had not only been awarded shared physical custody of the children, but also shared legal (decision making) custody of the children and prevented the mother from relocating out of state.

While there has not been a general duty for step-parents to support children following separation, AS v. IS shies away from creating a blanket rule. It is not the first time that non-biological parties have been ordered to pay support (Someday I will discuss the idea of paternity by estoppel. It’s a doozy.), but it is further expansion of this possible obligation.

At the end of the day, the ruling in AS v. IS seems limited, with the Court stating:

“In Loco Parentis status alone and/or reasonable acts to maintain a post separation relationship with step-children are insufficient to obligate a step-parent to pay child support for those children”.

Perhaps the lesson here is an important reminder that when forging new relationships that involve the children of one party or the other, one must carefully consider the impact that they will be having on the children and the impact that those children will have on their future lives.

Being a step-parent is an absolutely amazing endeavor and I commend anyone else who has undertaken these responsibilities. To anyone contemplating such circumstances, I, and the Supreme Court’s ruling, should remind you that this is not an endeavor that should be undertaken lightly.

What do you think? Is this ruling fair? What about In Loco Parentis status?

I’m curious to hear your thoughts or questions, and if you found this interesting, please remember to like and share my page.