New Rule for Child Custody Rights and Child Support Obligations
Written by Heather Z. Reynosa
The Pennsylvania Supreme Court has issued a new “bright line test” as it relates to child custody rights and child support obligations. This means that there is a clear way to make a decision.
If you are a parent, step-parent, grandparent, significant other, one who stands in loco parentis or think you do, child custody and child support obligations can be complicated. MPL Family Law attorneys can help you determine the legal standing of individuals involved in a child’s life.
The Result of the Case:
A third-party individual that does not have legal custody rights to a child has no obligation as to child support and the child.
The Case Details:
Caldwell v. Jaurigue, 315 A.3d 1258 (Decided by the PA Supreme Court – May 31, 2024).
This case is a matter where the biological father (hereinafter “father”) of the child sought child support against the biological mother’s (hereinafter “mother”) boyfriend. Mother’s boyfriend sought and was granted rights of partial physical custody to the child after mother’s death.
Mother and her boyfriend began their relationship while mother was pregnant with the child and Mother’s boyfriend lived with the child and mother for more than six years. Mother and her boyfriend had never married and mother’s boyfriend had never adopted the child. Mother passed away in December of 2019. The child then went to live with father and the boyfriend had limited rights to see the child (only as the biological father permitted.)
Mother’s boyfriend sought and was granted rights of partial physical custody to the child after mother’s death.
The boyfriend filed a complaint for custody claiming that he stood in loco parentis (stood in the role of a parent) to the child seeking partial rights of physical custody. Father filed preliminary objections, but the trial court agreed with boyfriend and the boyfriend was given rights of partial physical custody. Father appealed.
While father’s custody appeal was pending, father filed for child support against the boyfriend. The boyfriend filed preliminary objections to father’s child support request and such objections were granted by the trial court.
Father filed an appeal to the Pennsylvania Superior Court regarding the trial court’s child support ruling. The Superior Court reversed and held that the boyfriend did owe an obligation of child support to the father. The boyfriend then filed a petition for allowance with the Pennsylvania Supreme Court and such request to appeal was granted.
The Pennsylvania Supreme Court reversed the Superior Court and held for the first time, that the boyfriend was not a “parent” obligated to pay child support as the boyfriend in this case does not have legal custody of the child. Id. at page 1273.
Schedule a Consultation With MPL Law Firm
Children are worth the consideration and time for protection. If you have questions about your family scenario the team at MPL Law Firm is equipped to assist you in child custody and child support obligation law matters. If you believe you may have a case related to child custody and child support laws, contact us at MPL Law Firm to schedule a consultation and case evaluation.