Lead Opinion
OPINION
Wе granted review to determine whether a stepparent may be obligated to
Appellant, I.S. (“Mother”), has twin sons who were born in Serbia in 1998.
Mother graduated from law school in May 2012 and took the California bar examination in July 2012, planning tо relocate to California with the children at the end of September that year. In August 2012, Stepfather filed a complaint for custody of the children and an emergency petition to prevent Mother’s relocation, as-sertmg that he stood in loco parentis to the children. The trial court immediately granted- Stepfather’s emergency petition, entering an order prohibiting Mother from leaving the jurisdiction with the children, Additionally, the trial court entered a temporary custody agreement awarding Mother prirnary physical custody and Stepfather partial custody evеry other weekend and every Wednesday evening. Subsequently, the parties attended the court-ordered custody mediation, parenting seminar, and custody conciliation.
On February 13, 2013, the trial court held a hearmg on Mother’s various preliminary motions seeking to dismiss Stepfather’s complaint for custody for lack of standing. The trial court concluded that Stepfather stood in loco parentis to the children, and therefore it denied Mother’s motions.
The case proceeded to a full custody hearing'in July 2013. At its conclusion, the trial court entered a final custody order granting the parties shared legal as well as physical custody, with each enjoying alternatmg weeks.
Meanwhile, on September 28, 2012 (four days after the trial court entered its order granting Stepfather’s emergency "custody petition аnd preventing Mother "from relocating to California), Mother filed a complaint for child support against Stepfather. Following a support conference "on March 4, 2013, a support master dismissed Mother’s complaint reasoning that Stepfather owed no duty to support the children, because he is not their biological father. Master’s Recommendation, March 4, 2013, at 1; see, e.g., DeNomme v. DeNomme,
On May 22, 2013, the trial court entered an order affirming the master’s decision to dismiss Mother’s support complaint.- The trial court cited governing precedent establishing that under Pennsylvania law, a stepparent generally is not liable for child support following the dissolution of a marriage. Trial Court Opinion, July 8, 2013, at 3-4 (citing Commonwealth ex rel. McNutt v. McNutt, 344 Pa.Super, 321,
The trial court acknowledged that in Hamilton v. Hamilton,
Mother appealed the trial court’s decision to the Superior Court, raising the following issues: 1) whether Stepfather, under the circumstances presented, owes a duty .of support to the children, and 2) if a duty of support exists, whether the amount owed should be calculated by the statutorily-imposed child support guidelines. In an unpublished memorandum, a panel of the Superior Court affirmed the trial court’s determination that Stepfather did not owe a duty of support to the children because “he has not held himself out as their father or agreed to support the children financially.” A.S. v. I.S., 1563 EDA 2013,
Mother sought this Court’s discretionary review, and we granted her petition for allowance of appeal to address two issues:
(1) Whether, under Pennsylvania, law, a formеr stepparent who has pursued and established equal parental rights as the children’s natural parent — and per a court order, equally shares physical and legal custody with the natural parent— should be relieved of the duty to eontrib-ute to the children’s support.
(2) If this Court finds that [a] duty df support lies with both parties who share physical and legal custody of the children, whether • the ‘amount of support owed is calculated by the statutorily imposed child support guidelines.
AS. v. I.S., — Pa. -,
Mother asserts that because Stepfather initiated aggressive custody litigation based on in loco parentis standing, he should be liable for support, especially where he achieved and is exercising custodial rights equal to those of a biological parent, and, consistent therewith, has prevented Mother from relocating with her children. Mother argues that through his child custody litigation, Stepfather voluntarily assumed the status of de facto parent, which should carry the same obligations as any other parent. Mother advocates for a narrow holding that “only refers to a stepparent who has sought and obtained in a court of law equal parental rights on par with a fit natural parent.” Mother’s Reply Brief at 5 (emphasis original).
Acknowledging that there are no published Pennsylvania cases that analyze this issue in accord with facts similar to those presented herein, Mother analogizes her case to L.S.K. v. H.A.N.,
Mother distinguishes the cases relied on by the trial court where the Superior Court dеclined to find a stepparent liable
In response, Stepfather reiterates the general rule that stepparents do not owe a duty to support their stepchildren, citing McNutt, Garman, and Drawbaugh. Failing to acknowledge that none of the stepparents in the prior cases had obtained shared physical and legal custody nor prevented a parent’s relocation, Stepfather declines to view his actions аs any different from the stepparents in those cases. As Stepfather sees it, he merely provided love and care for Mother’s children, which is insufficient to create a support obligation. Stepfather submits that if we find him liable for support, we will discourage stepparents from engaging in gratuitous relationships with their stepchildren.
Stepfather asserts that Mother’s reliance on L.S.K. is misplaced because the facts of that case differ significantly from the instant case. Specifically, Stepfather posits that the determinative fact in L.S.K. was the joint decision of a same-sex couple to start a family together. Because Stepfather did not participate in Mother’s decision to have the children at issue, he believes L.S.K. is not applicable.
Whether a stepparent may be liable for child support under the circumstances presented is an issue of first impression for this Court. This issue presents a question of law, for which our standard of review is de novo and our scope of review is plenary, Kripp v. Kripp,
We begin our inquiry by reviewing the child support statute from which all child support obligations are derived. The statute provides that “[pjarents are liable for the support of their children_” 23 Pa. C.S. § 4321. As both parties concede, the supрort statute and its corresponding rules do not define “parent” or “child.” However, we reject both parties’ suggested definition of “parent” for purposes of this case. Mother would like us to adopt the definition found in the Child Protective Services regulations, 55 Pa.Code § 3490.4 (defining “parent” as “[a] biological parent, adoptive parent, or legal guardian”), while Stepfather proposes a competing definition found in the Liability for Tortious Acts of Children chapter within the Domestic Relations Code. 23 Pa.C.S. § 5501 (defining “parent” as “natural or adoptive рarents”). Although the subjects of child protective services and tortious acts of children both deal with children, neither chapter is more than tenuously related to child support. Thus, we find these definitions largely irrelevant to the case before us. Moreover, accepting either definition would ignore the definition of a parent for support purposes as it has developed in our case law. Accordingly, we turn to that jurisprudence.
We begin by noting that cases within our jurisdiction have deemed a
In Hamilton, supra, the Superior Court applied paternity by estoppel to find a stepparent liable for child support where he held the child out as his own and continued his relationship with the child after his separation from the child’s mother.
Recently, in K.E.M. v. P.C.S.,
[C]ourts have been most firm in sustaining prior adjudications (or formal acknowledgments) of paternity based on the need for continuity, financial support, and potential psychological security arising out of an established parent-child relationship.
In addition to finding a stepparent liable for child support based on paternity by estoppel, our Superior Court has found a support obligation for an individual who took affirmative steps to act as a parent, under general principles of equity, even where the child would not confuse that individual with a biological parent. L.S.K,
The L.S.K. court rejected her argument and found that the non-biological mother’s forceful steps to act as a. parent estopped her from denying that status. The L.S.K. court recognized two determinative facts motivating its decision: 1) the biological mother went through a significant under
On the other hand, the Superior Court has reviewed several cases in which it determined a stepparent did not take sufficient affirmative steps as a parent to be held liable for support.' As noted, the Superior Court has held that the mere existence of a relationship between the stepparent and the child, ie., in loco par-entis status, is insufficient to establish a support obligation for the stepparent. See McNutt,
If we were to hold that a stepparent acting in loco parentis would be held liable for support even after the dissolution of the marriage then all persons who gratuitously assume parental duties for a time could be held legally responsible for a child’s support.... These acts of generosity should not be discouraged by creating a law which would require anyоne who begins such a relationship to continue financial support until the child is eighteen years old.
Id. at 242 (quoting McNutt,
Upon consideration of these two lines of cases, we agree and, accordingly, reiterate that in loco parentis status alone and/or reasonable acts to maintain a post-separation relationship with stepchildren are insufficient to obligate a stepparent to pay child support for those children.
However, the instant case involves a far greater assumption, indeed, a relentless pursuit, of parental duties than that of a stepparent desiring a continuing relationship with a former spouse’s children, as was the case in McNutt, DeNomme, Garman, and Drawbaugh. Here, we have a stepfather who haled a fit parent into court, repeatedly litigating to achieve the same legal and physical custodial rights as would naturally accrue to any' biological parent. This is not the “typical case” of a stepparent who has grown to love his stepchildren and wants to maintain a post-separation relationship with them. Stepfather in the instant case has litigated and obtained full legal and physicаl custody rights, and has also asserted those parental rights to prevent a competent biological mother from relocating with her children.
Stepfather simply does not fall into the category of a stepparent who desires a continuing post-separation relationship with his stepchildren. Rather, he has insisted upon and became a full parent in every sense of that concept. We find that under these facts, Stepfather has taken sufficient affirmative steps legally to obtain parental rights and should share in parental obligations, suсh as paying child
We emphasize that we are not creating a new class of stepparent obligors and our decision today comports with the line of eases that have held that in loco parentis standing alone is insufficient to hold a stepparent liable for support. The public policy behind encouraging stepparents to love and care for their stepchildren remains just as relevant and important tоday as it was when Dmivbaugh was decided. However, when a stepparent does substantially' more than offer gratuitous love and care for his stepchildren, when he instigates litigation to achieve all the rights of parenthood at the cost of interfering with the rights of a fit parent, then the same public policy attendant to the doctrine of paternity by estoppel is implicated: that it is in the best interest! of children to have stability and continuity in their parent-child relationships. By holding a person such as Stepfather, liable for child support, we increase the likelihood that only individuals who are. truly dedicated, and intend to be a stable fixture in a child’s life will take the steps to litigate and obtain rights equal to those of the child’s parent.
Having concluded Stepfather is obligated to provide child support under the facts herein, we turn to the second issue we granted bn appeal, namely, whether the amount of support owed should be calculated pursuant to the child support guidelines.. Stepfather provides no persuasive reason why the support guidelines should not be applied .to-calculate his suрport obligation. In fact,’ Stepfather concedes that the guidelines apply “to cases where there is a duty to provide support....” Stepfather’s Brief at 19. Accordingly, similar to the Superior Court’s approach in L.S.K, we‘ find that where a 'stepparent owes a duty of support based on obtaining equal legal and physical custodial rights to those of a biological parent, then the typical support procedure should follow,. including application of the guidelines found in the Rules of Civil Procedure. See Pa. Rules Civ. Pro.1910.16-1; L.S.K,
Based on the foregoing, the order of the Superior Court is reversed -and the case is remanded to the trial court for a calculation of child support that is based on both Mother’s and Stepfather’s income.
Jurisdiction is relinquished.
Justice EAKIN did not participate in the decision of this case.
Justices TODD and STEVENS join the opinion. , .
Chief Justicé SAYLOR files a dissenting opinion.
Notes
. There is a Serbian court order between Mother and the children’s biological father that governs both child custody and child support. However, Mother never sought child support from the biologiсal father, and he has not sought custody. Indeed, he has not been involved with his children since 2006.
. The parties are currently divorced,- and therefore A.S. is actually the former stepfather of the children. However, because the courts below referred to him as "Stepfather,” we will also do so for purposes of consistency.
. See 23 Pa.C.S. § 5324 (providing "[a] person who stands in loco parentis to the child” has standing to seek any form of child custody).
The phrase “in loco patentis” refers to "a person who puts himself in the situation of a lawful parent by assuming the obligations incident to the parental relationship without going'through the formality of a legal adoption.” Commonwealth ex rel. Morgan v. Smith,
.Shared legal custody is defined as "[t]he right of more than one individual” to "make - major decisions on behalf of the child, includ
. As acknowledged by both parties in their briefs, Stepfather has since consensually obtained sole physical custody of the children. Subsequently, Stepfather filed a complaint for child support against Mother. In that support action, Stepfather asserted that his income should not be considered in the support calculation because as a stepparent he owes no duty of Support.
. This statement was erroneous, as Hamilton did not involve a stepfather who interfered with the mother’s ability to seek child support from the biological father. We believe the trial court may have confused the faсts of Hamilton with those of Miller v. Miller,
. We note that finding Stepfather has a duty to support the children does not necessarily mean that ’he’ will actually owe Mother a financial contribution. As set forth in the support statute and rulés, the support calculation will take into account both "parties' incomes, as well as who hаs been the primary custodian during the relevant periods and the amount of parenting time the partial custodial parent has spent with the children. See 23 Pa.C.S. §§ 4301-4396; Pa.R.Civ.P. Nos. 1910.1-1910.50.
Dissenting Opinion
dissenting.
. As the majority initially recognizes, under existing law, the. legal obligation of support should turn upon whether Appel-lee can be deemed to be a “parent” of A.S,’s children. See Majority Opinion, at 768-69 (citing 23 Pa.C.S. § 4321), Biological paternity obviously is a primary means of establishing legal parentage, accord 23
Instead, the majority seems to apply a looser equitable construct. See Majority Opinion, at 770-71 (“Equity prohibits Stepfather from disavowing his parental status to avoid a support obligation to the children he has so vigorously sought to parent.”). In this regard, the majority premises Appellee’s status as a parent on his “instigat[ing] litigation to achieve all the rights of parenthood at the cost of interfering with the rights of a fit parent.” Id. at 771.
I differ with the majority’s approach for several reasons. First, I note that Appellant’s complaint for child support was dismissed at the pleadings stage. Thus, there is no developed evidentiary record available to support a full and balanced inquiry into the overarching equities involved. Cf. K.E.M.,
I also observe that, in order to succeed in securing custody rights, Appellee was required to demonstrate clear and convincing reasons to overcome the strong presumption that custody should have been awarded to Appellant. See 23 Pa.C.S. § 5327(b). Furthermore, at least per the view of the family. court; Appellant has engaged in a course of “contemptuous” conduct relative to her treatment of the parties’ prior custody agreement. See A.S. v. I.S., No. 2010-0038, slip op. at 4 (C.P. Montgomery July 8, 2013). At the very least, to the degrеe that this case should turn on equitable factors, it would seem to me that there is a fuller range of these considerations to be evaluated by a fact-finder.
More broadly, I am uncomfortable with the majority’s fashioning of a new doctrine of parentage. The Legislature has seen fit to accord standing to pursue custody to those in loco parentis to children in furtherance of the children’s best interests. See 23 Pa.C.S. § 5324(2). The Assembly has not, however, concomitantly adjusted the law-of support. As there are mixed policy considerations involved, see, e.g., Leslie Joan Harris, The Basis for Legal Parentage аnd the Clash Between Custody and Child Support, 42 Ind. L. Rev. 611 (2009), I believe it is the Legislature’s purview to consider whether such adjustments should be implemented.
As an'aside, I note that in some jurisdictions, while an individual who voluntarily accepts custody of a stepchild may be held liable for support, such a person has the option of surrendering custody to alleviate the support obligation. See, e.g., Foust v. Montez-Torres,
Finally, in terms of Appellant’s constitutional arguments, it is significant to me that she is not challenging thе shared custody award in the abstract, but rather its import in terms of the dismissal of her support complaint.. See Brief for Appel
. Certainly, read against the family court’s existing best-interests determination, the effect of an exercise of. such an option upon the children involved would be detrimental.