The Pennsylvania Supreme Court handed down a ruling on standing in a same-sex parent case.
Conflicting Testimony Supports Biological Mother in Trial Court
Very conflicting testimony related to the non-biological parent’s role in the child’s life. No adoption (not available at the time) no marriage (not available at the time).
The trial court reviewed the conflicting evidence, focused on whether non-biological parents stood in loco parentis for standing, and found she did not. The evidence leads the court to determine that the non-biological parent did not have the kind of relationship or responsibility with the child that would create in loco parentis. Especially given the fact it seemed that the biological mother paid for everything, made all decisions and took the child from Florida to Pennsylvania where the was no continuous relationship with the non-biological parent.
Pennsylvania Supreme Court Stays Consistent Non-Biological Parent, Without More Lacks in Loco Parentis
Pa Supreme Court has decided to stay with the notion that a non-biological parent who has not adopted the child is a third party for purposes of child custody. Now that same-sex marriage and second-parent adoption exists, this makes sense. There is no reason to treat a gay couple differently from a straight couple.
Protect Your Rights and Your Child – Adopt
This does remind people though, same-sex or otherwise, that they need to take appropriate steps to protect their relationship with their non-biological children.
This case is an important standing case for analysis for in loco parentis for those practicing family law here in Pennsylvania.