In plain words
In loco parentis is a Latin phrase meaning in the place of a parent. In family law, it describes an adult who has taken on a parent's role for a child. The adult may not be the child's biological or adoptive parent. The adult may live with the child, pay for the child's needs, and make decisions for the child day to day. In California's family leave law, a worker who stands in loco parentis to a child can take leave to bond with that child. This matters for stepparents, a partner's child, and . The legal test looks at the relationship and the role, not only the paperwork. Each law defines that role in its own words.
The deeper version
In loco parentis is a common-law doctrine under which a person who assumes the obligations of a parent, without formal legal status, acquires some parental rights and duties toward a child. Courts applied it for generations in custody, support, and tort cases, and several statutes now codify it. Under (Government Code section 12945.2), the definition of child includes a child to whom the employee stands in loco parentis, which extends bonding rights to non-biological caregivers. Tests usually consider daily care, financial support, and the parental relationship, and courts weigh intent and duration. Scholars debate how far the doctrine should reach unmarried partners and step-relationships.
Where it comes up
- CFRA and FMLA: keeping your jobCalifornia: Leave, Money, and Paperwork
- Leave for partners and non-birthing parentsCalifornia: Leave, Money, and Paperwork
- Pregnancy and parental leave in California: the mapCalifornia: Leave, Money, and Paperwork
What mothers here say about in loco parentis
No one has posted under this term yet.
Sources
- State of California — Government Code section 12945.2 (California Family Rights Act), definition of child
- US Department of Labor, Wage and Hour Division — Family and Medical Leave Act regulations, 29 CFR part 825, definition of son or daughter