When Third Parties Owe Child Support in PA

Grandparents, step-parents, and other third parties who step in to care for a child often do so out of love and necessity. But does taking on the day-to-day responsibility of raising a child also mean taking on a legal obligation to pay child support? The Pennsylvania Supreme Court answered that question in Caldwell v. Jaurigue, No. 30 MAP 2023 (Pa. May 31, 2024).

The Rule

The Court held that Jaurigue, who had partial physical custody and stood in loco parentis (in the place of a parent) but had no legal custody, was not a parent obligated to pay child support under 23 Pa.C.S. section 4321(2). The majority limited its reasoning to this kind of relationship, and Justice Wecht’s concurrence described legal custody as a workable bright line for third-party support obligations. On these facts, physical custody and acting in loco parentis were not enough to create a support duty.

Justice Wecht joined the majority in full and wrote separately. The Court distinguished, without overruling, its prior decision in A.S. v. I.S. (2015), which had left some ambiguity about when third-party support obligations attach. Caldwell narrows that ambiguity.

What This Means in Practice

For grandparents who have physical custody of a grandchild but have not sought or obtained legal custody through the courts, Caldwell suggests you are generally not on the hook for child support simply because the child lives with you. In Caldwell, the outcome turned on the lack of legal custody, not on the child’s physical location.

This distinction matters in several common scenarios. A grandparent with informal custody because a parent is incarcerated, struggling with addiction, or simply absent has not assumed a legal support obligation by opening their home. An aunt, uncle, or family friend who takes in a child during a family crisis does not become a support obligor by that act alone.

If you are a parent seeking child support from a third party caring for your child, Caldwell held that a third party without legal custody does not fall within the narrow group of third parties who owe support under A.S. v. I.S. If the third party has only physical custody or an informal arrangement, a support petition against them is unlikely to succeed under Caldwell, though other doctrines, such as paternity by estoppel, were left open.

The Practical Takeaway

Caldwell creates clarity, but it also creates an important strategic consideration. Third parties who are raising a child and want the full legal authority that comes with custody, including decision-making power over education, medical care, and other significant matters, should understand that obtaining legal custody may also open the door to a support obligation.

That trade-off is often worth making. Legal custody provides stability and legal authority that informal arrangements do not. But it should be an informed decision, not a surprise.

If you are a grandparent or other third party involved in a custody situation, contact our office to discuss your rights and obligations.

Legal and factual content on this page was last verified: Sep. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.