Step-Parent Rights to Custody and Visitation in Pennsylvania

Step-parent
Custody in PA

In the past, only blood relatives had the right to
file for custody in Pennsylvania. By the 1980s,
however, step-parents began to have their loving
relationship with their step-children recognized
by Pennsylvania Courts.

At present, anyone in a loving, parental
relationship with a minor can file for and perhaps
obtain custodial rights in a child. The relationship
that must exist is an "in loco parentis" (or like a
parent) relationship with the minor child.

The best case for in loco parentis is simple:
Courts are most willing to permit custodial visits
between step-parents and their step-child when
that step-parent has been the only "father" or
"mother" the child has known. If, for example,
natural Father passes away or is incarcerated or
otherwise disappears when the minor child is 6
months old. Then, a couple years later, Mother
marries Step-father. They remain married for 10
years and divorce when minor child is 13. The
Step-parent may be granted custodial rights in
the minor child even though the parent is not a
natural parent of the minor child, so long as the
Step-father is the only "father" the minor child
has known. The court would quite likely grant
custodial rights in the step-parent. Of course,
these cases are very fact sensitive and there
may be other factors in any case which would
change the result one way or the other.

Overall, Step-parents (male or female) who have
developed a loving, parental relationship with a
minor child may have enforceable custodial
rights in the child or children in Pennsylvania.