D.G. v. D.B.
91 A.3d 706
| Pa. Super. Ct. | 2014Background
- Appellant Mother, natural mother of E.B. (b. 2005), appeals an August 22, 2013 custody order granting Grandmother primary physical custody.
- Original custody arrangement (Jan 22, 2010) gave Mother sole legal and primary physical custody with Grandmother having partial custody.
- In Mar 2013 Appellees (Grandmother and Step-Grandfather) petitioned to modify to Grandmother with primary physical custody and joint legal custody.
- Allegations included neglect and failure to treat E.B.’s asthma and pulmonary aspergillosis; hearings were held on Jul 2 and Aug 22, 2013.
- The trial court granted Grandmother standing to sue, and awarded custody as appealed from, which Mother challenged on appeal.
- The Superior Court vacated the order and remanded for clarification and possible reweighing of standing under 23 Pa.C.S.A. § 5324.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Grandmother have standing under § 5324(2) in loco parentis? | Mother asserts lack of in loco parentis. | Grandmother contends she stood in loco parentis to E.B. | Court vacates; in loco parentis standing rejected on remand. |
| Does Grandmother have standing under § 5324(3)(iii)(B) for substantial risk? | Grandmother argues risk-based standing supported by duty and evidence. | Mother argues no substantial risk findings were made. | Remand to develop findings; current record insufficient to confirm standing under § 5324(3)(iii)(B). |
Key Cases Cited
- J.A.L. v. E.P.H., 453 Pa. Super. 78, 682 A.2d 1314 (Pa. Super. 1996) (articulates in loco parentis standard and standing limits)
- Argenio v. Fenton, 703 A.2d 1042 (Pa. Super. 1997) (grandmother not in loco parentis where no informal adoption presumed)
- Bupp v. Bupp, 718 A.2d 1278 (Pa. Super. 1998) (family unit living together supports standing)
- T.B. v. L.R.M., 786 A.2d 913 (Pa. Supreme Court 2001) (three years of cohabitation and caregiving can establish standing)
- S.A. v. C.G.R., 856 A.2d 1248 (Pa. Super. 2004) (spouse of natural parent stood in loco parentis after surrogacy-like arrangement)
- Liebner v. Simcox, 834 A.2d 606 (Pa. Super. 2003) (standing considerations for third parties with caregiving role)
- R.M. v. Baxter, 777 A.2d 446 (Pa. 2001) ( automatic standing under former § 5313(b); later superseded)