<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ariel:
I need help! My parents have sued me for primary custody of my daughter. I had my daughter when I was in college. Since I had to be away for two months, during the week only, I signed an In Loco Parentis in case of emergencies. This was back in 1991. My daughter has always lived with me and I have always had custody of her. I lived close to my parents and they did continue to play a major factor in her life. I did not petition to revoke the In Loco Parentis since my daughter lived with me and in case of a medical emergency, they could sign in my place. Now they are stating they have been In Loco Parentis of my daughter all this time. Although she has not resided with them. I have spent over 6,000 dollars fighting this case. So far, their layer still contends that they have standing. We will be going to court soon but, my lawyer has not found too much about the limitations of In loco Parentis. If anyone has information that can help us on In Loco Parentis or Grandparnets Rights we would be very greatful!<HR></BLOCKQUOTE>
I know this is not going to ease your worry at this moment but I want to start off by saying that your parents stand little chance (little because there is *always* the unknown) of gaining custody since the child has and continues to reside with you. Especially if their only item in the petition is 'in loco parentis'. All this does is gives your parents authority to act as a ‘wise and responsible’ parent would. It does not in anyway give them authority to assume or demand custody of your child. It also only comes into effect when you pass responsibility of the child over to them and is in no way 'in effect' when you have the child in your care.
What complicate this for your parents is that 'in loco parentis' *can* be used for non biological guardians to sue for custody or visitation *if* they can prove that they have had a profound impact on the upbringing of the child and are assuming the role of a psychological parent. Grandparents can not use this route unless they currently have the child living with them and have done so for at least 6 months (this can vary depending on your state, which you do not mention) as it is *assumed* that as grandparents, they have a psychological bond to the child anyway.
I am surprised that it is going to court. Providing you are not abusing or neglecting the child then they really have little chance, if any. Ensure that you put in your petition that they pay all your legal costs when they lose. What you need to do is document the times when your parents had 'care' of the child. Document as much as you can to show that your parents had little overall responsibility of the child since 1991. The main point to show is that over the last x years the child has not *lived* with your parents on a permanent basis.
They have no standing, and they have no chance at a judge ripping your child from your home and to give custody to your parents.
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Psst... I do not work for Macdonald’s or Burger King, and even if I did, I would not tell you. For sloppy bread, tired tomatoes, frozen onions, watered down mayonnaise and imitation meat, please find a drive through window with a person who openly admits they make that stuff.
My advice above is equal to the advice they would give if you asked that person a legal question.
[This message has been edited by LegalBeagle (edited September 27, 2000).]