In what situation in Mississippi may a third-party non-parent be subject to either (a) being ordered to pay child support for a child that is not theirs or (b) being awarded custody of the child over the natural parents?
The answer is “in loco parentis”. “In loco parentis” is a latin term which means “in the place of a parent”.
The person who is acting “in loco parentis” is a person who has assumed the status and obligations of a parent without a formal adoption. The Court has held that any person who takes a child of another into their home and treats that child as a member of their family, providing parental supervision, support and education for the child, as if the child were their own is said to stand “in loco parentis”.
An example is the case of Tedford v. Dempsey (437 So.2d 410). There the stepfather had over a period of time supported the children born to his wife from a previous marriage. The mother and children came to rely to their detriment on this support. The Court there held that it was in the best interests of the children to require the stepfather to pay child support. The Court stated in Logan v. Logan (730 So.2d 1124) that if a stepparent can be required to pay child support for a stepchild based on their support of the stepchild for a period of time, then if it is in the best interests of the children the stepparent should also be allowed to have custody of the stepchild. The Court stated that “with the burden should also go the benefit”.
However, the natural parent is presumed to be the proper parent for custody of the child in these cases. This presumption, however, can be overcome. This is another topic for another day.
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