Not Absolute
 While a natural parent has a superior right to the custody of his child, that right is not absolute and does not require a rigid and unthinking construction of his section.  Menconi v. Menconi.
Presumption
 
Non-Parent

Custody Requirement
 Before non-parent are allowed to petition for custody of a child, they must satisfy a standing requirement, i.e., that the child is not in the physical custody of one of his parents.  In re Haslett.

Lack of Standing
 Once non-parents are held to lack standing under the Dissolution Act or the Probate Act, the non-parents must be dismissed from the case.  In re Haslett.

Standing Required
 Before a non-parent can demand a custody hearing to determine the best interests of a child, the non-parent must first show that he or she has standing to invoke, this extraordinary provision.  In re Kirchner.

Notice of Hearing
 A custody petition, filed by a neighbor, pursuant to this section was not a “new” proceeding that would require additional service of summons upon the respondent.  Milenkovic v. Milenkovic.

Particular Facts
 Since no one factor is controlling in the determination of whether or not a child is in the physical custody of one of his parents under subdivision(b)(2) of this section, such a determination in a given case will depend heavily on the particular facts of the individual case.  In re Carey.

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