CHAPTER 53
CHILD CUSTODY
Sec.
5321. Scope of chapter.
5322. Definitions.
5323. Award of custody.
5324. Standing for any form of physical custody or legal custody.
5325. Standing for partial physical custody and supervised physical custody.
5326. Effect of adoption.
5327. Presumption in cases concerning primary physical custody.
5328. Factors to consider when awarding custody.
5329. Consideration of criminal conviction.
5329.1. Consideration of child abuse and involvement with protective services.
5330. Consideration of criminal charge.
5331. Parenting plan.
5332. Informational programs.
5333. Counseling as part of order.
5334. Guardian ad litem for child.
5335. Counsel for child.
5336. Access to records and information.
5337. Relocation.
5338. Modification of existing order.
5339. Award of counsel fees, costs and expenses.
5340. Court-appointed child custody health care or behavioral health practitioners.
Enactment. Chapter 53 was added November 23, 2010, P.L.1106, No.112, effective in 60 days.
Prior Provisions. Former Chapter 53, which related to custody, was added October 30, 1985, P.L.264,
No.66, and repealed November 23, 2010, P.L.1106, No.112, effective in 60 days.
Proceedings under Former Chapter 53. Section 4 of Act 112 of 2010 provided that a proceeding under the provisions of former
Chapter 53 which was commenced before the effective date of section 4 shall be governed
by the law in effect at the time the proceeding was initiated.
Cross References. Chapter 53 is referred to in sections 3901, 5429, 5603, 5612, 5613, 5622, 6108 of
this title; section 9121 of Title 18 (Crimes and Offenses).
§ 5321. Scope of chapter.
This chapter applies to disputes relating to child custody matters. There are additional
provisions applicable to child custody matters involving military personnel in 51
Pa.C.S. Ch. 46 (relating to uniform deployed parents custody and visitation).
(Oct. 27, 2025, P.L.131, No.40, eff. 30 days)
Notes of Decisions
Cited in
56
cases (
13 in the last 5 years), 2012–2026 · leading case:
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016).
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016).
“See 23 Pa.C.S. § 5321. The most recent version of the chapter was enacted in 2010.”
In the Interest of: J.M., a Minor, 166 A.3d 408 (Pa. Super. Ct. 2017).
“Any change of custody should be made pursuant to appropriate proceedings under the Child Custody Law, 23 Pa. C.S. §§ 5321 et seq. 10 . This issue was included in Mother’s Rule 1925(b) Statement of Errors, see Family Ct.”
R.L. v. M.A., 209 A.3d 391 (Pa. Super. Ct. 2019).
“The Child Custody Act, 23 Pa.C.S. §§ 5321 - 5340, governs all custody proceedings commenced after January 24, 2011.”
In the Int. of: J.M., Appeal of: L.M.-M., 219 A.3d 645 (Pa. Super. Ct. 2019).
“Although our Supreme Court’s statement regarding the finality of visitation orders is broad and sweeping, in context, we think that the Court merely was referring to visitation orders entered under the Child Custody Act, 23 Pa.C.S. §§ 5321- 5340, as a point of comparison.”
M.B.S. v. W.E., 232 A.3d 922 (Pa. Super. Ct. 2020).
“Subsection 5328(a) of the Child Custody Act, 23 Pa.C.S. §§ 5321- 5340, sets forth sixteen factors and specifies that “[i]n ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to…”
S.S. v. T.J., 212 A.3d 1026 (Pa. Super. Ct. 2019).
“In custody cases under the Child Custody Act, ("the Act"), 23 Pa.C.S. §§ 5321 - 5340, our standard of review is as follows: In reviewing a custody order, our scope is of the broadest type and our standard is abuse of discretion.”
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P., 194 A.3d 614 (Pa. Super. Ct. 2018).
“Instantly, this court must interpret a section of the Child Custody Act, 23 Pa.C.S. §§ 5321 - 5340, which governs all custody proceedings commenced after January 24, 2011.”
B.K.M. v. J.A.M., 50 A.3d 168 (Pa. 2012).
“See 23 Pa.C.S. § 5321. Recently we held, “if the evidentiary proceeding commences on or after the effective date of the Act, the provisions of the Act apply even if the request or petition for relief was filed prior to the effective date.”
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
“Furthermore, under -the Child Custody Act, 23 Pa.C.S. § 5321 et seq., “the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child [.”
In the Int. of: E.C., Appeal of: J.A.C., Father, 251 A.3d 1277 (Pa. Super. Ct. 2021).
· cites it 3× “Pertinently, we observed, “Although our Supreme Court’s statement regarding the finality of visitation orders is broad and sweeping, in context, we think that the Court merely was referring to visitation orders entered under the Child Custody Act, 23 Pa.C.S. §§ 5321- 5340, as a…”
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016).
“See 23 Pa.C.S. § 5321. The most recent version of the chapter was enacted in 2010.”
M.B.S. v. W.E., 2020 Pa. Super. 118 (Pa. Super. Ct. 2020).
“Subsection 5328(a) of the Child Custody Act, 23 Pa.C.S. §§ 5321- 5340, sets forth sixteen factors and specifies that “[i]n ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to…”
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