Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support DivorceDesk

Divorce Tools

Online Divorce Online Negotiation Custody Tracker Custody Evaluation QDRO Preparation Divorce Calendar SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Case Management Sign In

The Divorce Encyclopedia
In Loco Parentis


Term Definition In Loco Parentis - a Latin phrase meaning "in place or in lieu of a parent."
Application in Divorce The term is used when grandparents and stepparents litigate custody or visitation rights. In divorce actions, in loco parentis may happen when grandparents or stepparents act in place of the natural parents. Normally, this is on a temporary basis and is not considered adoption or a preliminary toward adoption.

Any in loco parentis actions by third parties, including grandparents and stepparents, should be put in the larger context of established practice.

In general, courts show a strong bias against separating children from their natural parents, who are said to have a liberty interest in them and in their upbringing. This means that unless a child’s parents are grossly incompetent, that child will remain with one of them after a divorce. Moreover, in most divorce actions, children are awarded to the mother, particularly during their young years.

In general, courts construe the best interest of the child doctrine to mean the preservation of the child’s relationship with his or her parents to the maximum extent possible.

The term in loco parentis can be applied when any adult intervenes in the supervision of a minor in the absence of his or her parents on an ad hoc basis.

See also Visitation Rights, Grandparent’s; Maternal Preference.

Add the Divorce Encyclopedia
to Your Website
!


The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.


The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.


Social

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for Divorce

 

Settle Your Divorce Negotiate Your Divorce

 

Track Child Custody Track Custody & Visitation

QDRO Preparation
Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"