Loca parentis... where can I find the statutes pertaining to such information, as to whether my ex's step father is in standing.

Asked 12 months ago - Murrysville, PA

My ex an I had 50/50 custody until recently, because they pushed this. Now that he signed over primary custody to me, his mother is going in under grandparents rights... and his step father is trying to get loco parentis. I need as much information as possible to see what the requirements are and how to fight this. Both my ex an I are pro se. Thank you so very much.

Attorney answers (3)

  1. Steven R. Koense

    Contributor Level 10


    Lawyers agree

    Answered . First, it is "In Loco Parentis", and there is no actual statute. You will need to look at case law, since the idea of "in loco parentis" is a legal theory, upheld by case law. Grandparent standing is governed by 23 Pa.C.S.A. ยง5324 and 5325. My suggestion? Get a lawyer.

    Second, the step father likely would not need "in loco parentis" standing since he is a grandparent. Blood related or not, he is in the same position as would be the actual paternal grandfather. If, however, the father's parents were divorced, that may change my answer.

  2. Kathryn L. Hilbush


    Contributor Level 18


    Lawyers agree

    Answered . Here's the link to the statutory law. You'll have to search the internet for the case law or, as Mr. Koense suggested, retain an experienced family law attorney to do it for you.

    Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any... more
  3. Stephen Ross Cohen

    Contributor Level 20

    Answered . look up loca parentis Penssylvania and you should get the answers

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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