The opinion
CAVANAUGH, Judge,
dissenting:
It is true that a stepfather who lives with his wife and her natural child may assume the relationship to the child of in loco parentis. Spells v. Spells, 250 Pa.Super. 168 , 378 A.2d 879 (1971). “The status of ‘in loco parentis’ embodies two ideas: first, the assumption of a parental status, and, second, the discharge of parental duties.” Com. ex. rel. Morgan v. Smith, 429 Pa. 561, 565 , 241 A.2d 531, 533 (1968). The existence of such a relationship is largely dependent upon the intention of the person assuming the parental status. Com. ex rel. Morgan v. Smith, 209 Pa.Super. 364, 367 , 228 A.2d 6 (1967) (dissenting opinion), rev’d 429 Pa. 561 , 241 A.2d 531 (1968); D’Auria v. Liposky, 197 Pa.Super. 271, 277 , 177 A.2d 133 (1962). In this case, the record is devoid of any indication that the appellant did assume or intended to assume the responsibilities of a parent. Mere knowledge of the stepfather that the natural father was not supporting the child does not create an “in loco parentis” relationship. This is especially true where, as here, the mother was employed and supporting her child prior to the marriage.
Further, to assess the stepfather child support, where only spouse support is sought, is improper. Both the lower court and the majority find support for the award in the expenses covering both Mrs. Bulson and her child. There is no difference between awarding spouse support which takes the child’s expenses into consideration and sua sponte fixing a separate award of child support.
I dissent.