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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13281
Experience:  19+ Years of Legal Practice in Family law matters.
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This may be a odd question but I am asking for my brother.

Customer Question

This may be a odd question but I am asking for my brother. My brother and his girlfriend wer together for 5 years. She already had children from a previous marriage and her daughter thinks as my brother as her father. Well they broke up but my brother feels like he is the daughters father he raised her for five years. Does he have any rights in getting visitation with her daughter or partial custody even though he is not biological and they were never married. She won't let her daughter see my brother anymore.
Submitted: 8 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 8 years ago.

DearCustomer

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

Not an odd question at all. There is a concept called "in loco parentis" where in an unrelated person has been held in PA to have standing to fight for custody/visitation of a child. The circumstances can be found at paragraph 8 in the 2003 case of S.A. v. C.G.R, (http://www.courts.state.pa.us/OpPosting/Superior/out/a14005_04.pdf). See also paragraph 10.

For some reason it is not allowing me to cut and paste some pertinent language from the case here. However, keep in mind that much depends on your brother's actual role, ie. did he live with the child, support the child, treat the child as his own with the knowledge and acceptance and perhaps even encouragement of the mom?

Good luck with this!

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Stephanie Joy

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