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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My cases dealing with child custody the thing that makes this

Customer Question

My cases dealing with child custody the thing that makes this case a little bit more complicated in my mind is I've been found not to be the biological father but I have been in the role of fatherhood for four and three quarter years and the grand parent that has custody of the child wants to move me aside completely without any reason. I have a custody case coming up and I want to know what type of introduction when I use in persuading the judge that I should be given some at least partial custody for the simple fact that I have been a father to this child
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Are you seeking custody or visitation?
Expert:  Ely replied 1 year ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!
Customer: replied 1 year ago.
Custody
Expert:  Ely replied 1 year ago.
Thank you.
The Court carries a strong presumption that biological parents are the first "round" to be considered.
However, there is precedent. For example, Bupp v. Bupp, 718 A.2d 1278 (Pa. Super. Ct. 1998):
https://www.courtlistener.com/opinion/1908203/bupp-v-bupp/
The Court confirms that Pennsylvania subscribes to the doctrine of in loco parentis, allowing the standing (ability to file suit) for a custody action with the same substantive rights and obligations of a legal parent to an individual who assumed obligations for a child incident to a parental relationship with the consent of the legal parent.