Where mother of the child and her parents, the child’s grandparents who legally adopted the child, all lived in the physical presence of the child and contributed to the child’s are and welfare, mother was entitled to an evidentiary hearing on the standing issue of whether the child was in the physical custody of mother when the household arrangement was unilaterally terminated by grandparents.  In re Kulawiak.

 To satisfy standing under subdivision (b)(2) of this section a non-parent must show that the child is not in the physical custody of one of his parents.  In re McCuan.

 The standing requirement undersubdivision (b)(2) of this section should not turn on who is in physical possession, so to speak, of the child at the moment of filing the petition of r custody; to hold differently would be to encourage abductions of minors in order to satisfy the literal terms of the standing requirement and old, in reality, defeat the statutory intendment.  In re McCuan.

 The fact that defendant parent did not have physical possession of the child on the day the non-parent plaintiffs filed their petition was not dispositive of whether the plaintiffs me the requirements for standing under subdivision (b)(2) of this section.  In re McCuan.

Link