M.L.S. v. T.H.-S – Superior Court –
Augusut 29, 2018 – reported opinion
Held:
Stepfather (SF) of 11 year-old child stands in loco parentis to child, even though SF is in active military
service and lives apart from the child for the majority of time, where:
-
SF listed child as a dependent and received benefits from SF’s military service
(15 years in the US Navy)
-
SF spoke with child on phone every other day while stationed in the U.S.
-
SF undertook many parental duties, as permitted by his military service, and
served in many respects in place of child’s deceased father
Physical absence from home due to
military services is “merely one factor” concerning in loco parentis.
SF both assumed parental status and
discharged parental duties.
