In Pennsylvania, a parent of a minor child may file an action for physical and/or legal custody of the child. In certain circumstances, this right is also extended to grandparents and third parties who stand in loco parentis to the child. Therefore, though it is presumed the parent has a right to custody, it may be forfeited if, by convincing evidence, the best interest of the child is served by awarding custody to a third party.
A person who stands in loco parentis has created a parent-like relationship to the child sufficient to warrant providing that individual the right to seek continued contact with the child. This status can be conferred upon any third party, including, but not limited to, current or ex-spouses or partners, friends, siblings, and distant relatives. The Pennsylvania Supreme Court in the case of T.B. v. L.R.M. provided a succinct definition of how a third party may establish a parent-like relationship:
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