Michael Bertin Reviews Updated In Loco Parentis Standards in Pennsylvania

In a December 9, 2025, article for The Legal Intelligencer, titled “In Loco Parentis Re-Examined by the Pa. Superior Court,” Michael Bertin, partner and co-chair of the family law group, discusses the Pennsylvania Superior Court’s recent decision in Hale v. Hale, __ A.3d__, 2025 Pa. Super. 233 (Pa. Super. 2025). The opinion revisits the rules governing when a third party may claim in loco parentis status in custody matters. Under Pennsylvania law, only certain individuals, including parents, grandparents, and qualified third parties, may pursue custody, and in loco parentis standing is one avenue available to non-parents.

The case centered on Breanna Miller, who lived with her partner Danielle Hale and Danielle’s child, GH, for three years. During this time, Breanna played a major role in GH’s upbringing, taking part in medical and educational decisions, attending appointments, volunteering at school, contributing financially, and sharing daily parenting duties. After she and Danielle ended their relationship, Breanna sought permission to participate in the ongoing custody litigation between Danielle and her ex-spouse, Kyra.

The trial court denied her request, finding she had neither parental consent nor proof of a required psychological bond with GH. The Superior Court reversed, clarifying the proper standard for third-party standing. It concluded that Breanna did have standing because both legal parents permitted her to act in a parental capacity and never objected. The court further noted that neither formal parental consent nor evidence of a strong psychological bond is necessary to establish in loco parentis status. The ruling underscores that substantial parental involvement, combined with parental acquiescence, is enough to confer standing—granting the third party access to the custody litigation but not determining its outcome.

“This case is important for both the family law practitioner and the family court bench in that it provides a quick reference summary of in loco parentis standing in Pennsylvania regarding third parties. Further, it provides an important reminder in a footnote at the end of the opinion that if a person clears the hurdle of standing, that does not equate to the person’s chances of success on the merits of the case. As stated above, it simply opens the doors to the courthouse to enable that litigant to proceed forward in the custody case.”

Read the full article here.