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!
I hope you have found this information informative. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and so that I may receive credit for same from the company and so that you receive appropriate site recognition for accepting expert answers in a timely fashion. Your promptness is greatly appreciated. Positive "FEEDBACK" and BONUSES are also appreciated. If you need to follow up or don't understand an answer, please feel free to follow up with me! In addition, if you have future legal questions, please feel free to ask me directly by including my name "Stephanie Joy" in the body of your subject.
Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear.
Legal Disclaimer. The information given by here is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is a via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.