dissenting.
I respectfully dissent from the majority’s decision that Appellee has no standing to seek child support from the father of a child who lives with him and he financially supports. The rules governing support actions do not require such a result and the majority’s decision goes against the best interests of a child who has no legal custodian protecting him.
As recognized by the majority, standing to bring an action for child support is governed by Rule of Civil Procedure 1910.3. Relevant to this case, Rule 1910.3 states that a support action shall be brought “on behalf of a minor child by a person having custody of the minor, without appointment as guardian ad litem.” Pa. R. Civ. P.1910.3(2). Thus, Appellee has standing to seek support if he has custody of Appellant’s child.
The Rules of Civil Procedure governing support actions do not define custody. Where a legal custodian fails to seek child support from a natural parent, Rule 1910.3 does not preclude another custodian from protecting the child and seeking support on his behalf. Rule 1910.3 simply confers standing upon a person with custody. As it is undisputed that Appellant’s child resides with Appellee and Appellee financially supports him, Appellee has de facto physical custody and thus has standing. Appellee also has de facto physical custody by virtue of the court’s award of physical custody to his wife.
The majority relies upon the definition of custody found in the rules governing claims for custody, partial custody and visitation. See Pa. R. Civ. P.1915.1(a),(b)(setting forth scope of rules and definitions of words used in chapter governing custody claims). In this context, custody is defined as the *126legal right to care for a child and includes legal, physical and shared custody. Id. Just as this definition does not apply to actions for divorce,1 it does not apply to actions for support. Id.
Notwithstanding that the definition is inapplicable, even in custody actions where it does apply, persons who assume the role of a parent and stand in loco parentis have standing to seek custody of children. Cardamone v. Elshoff, 442 Pa.Super. 263, 275-76, 659 A.2d 575, 581 (1995). The same rale should apply in support actions. To the extent that there is any question about Appellee’s relationship with Appellant’s child, the case should proceed rather than be prematurely dismissed on preliminary objections to the complaint.
Parents have an absolute duty to support their minor children. Oeler v. Oeler, 527 Pa. 532, 537, 594 A.2d 649, 651 (1991). The majority’s decision allows parents to escape that responsibility. It further leaves children, who do not have a legal custodian enforcing their rights, unprotected.
For the above reasons, I would affirm the decision of the Superior Court.
NEWMAN, J., joins in NIGRO’s, J., dissenting opinion.. See Pa. R. Civ. P.1920.1(a)(defining custody differently in chapter of rules governing divorce actions).