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What does "in loco parentis" mean?

The phrase “in loco parentis” means “in the place of a parent.” The term is used by divorce judges and lawyers to describe circumstances in which someone is acting in the place of a parent for example, a:

  • grandparent of the child
  • the child’s stepfather or stepmother, or
  • an older/adult sibling, or
  • any adult who intervenes for a child when his or her parents are absent

When a Parent Is Absent

In some divorce cases, one biological parent may be unlocatable, mentally incompetent, or otherwise “absent,” and a grandparent or stepparent may step in and become involved in the well-being (including custody) of the children of the divorcing couple. The person(s) acting in this capacity may be described as being “in loco parentis.” It’s a temporary status; it does not mean that they have adopted the child(ren) or are even considering doing so.

It’s a Neutral Term

Family law judges generally try to preserve a child’s relationship with his or her biological parents, to the maximum extent that is possible, but this is often difficult in the real world of broken families and absent or uncooperative parents. Individuals who are acting in loco parentis are usually looked upon favorably by a divorce court, so, if you’ve been referred to as being in court in loco parentis, it’s nothing to worry about.

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