See Pa. R. Civ. In this context, custody is defined as the legal right to care for a child and includes legal, physical and shared custody. Notwithstanding that the definition is inapplicable, even in custody actions where it does apply, persons who assume the role of a parent and stand in loco parentis have standing to seek custody of children. The same rule should apply in support actions. To the extent that there is any question about Appellee's relationship with Appellant's child, the case should proceed rather than be prematurely dismissed on preliminary objections to the complaint.
Parents have an absolute duty to support their minor children.
The majority's decision allows parents to escape that responsibility. It further leaves children, who do not have a legal custodian enforcing their rights, unprotected. For the above reasons, I would affirm the decision of the Superior Court. Madame Justice Newman joins in Mr. Justice Nigro's dissenting opinion. 1 See Pa. R. Civ.