Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 5322 (2026)

Definitions.

✓ current as of May 2026

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§ 5322. Definitions.

(a) This chapter.--The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Abuse." As follows:

(1) As defined in section 6102 (relating to definitions). The term includes the crime of stalking pursuant to 18 Pa.C.S. § 2709.1 (relating to stalking).

(2) The term does not include the justified use of force in self-protection or for the protection of other persons in accordance with 18 Pa.C.S. § 505 (relating to use of force in self-protection) by a party in response to abuse or domestic abuse by the other party.

"Adult." An individual 18 years of age or older.

"Agency." Any organization, society, institution, court facility or other entity which provides for the care of a child. The term does not include a county children and youth social service agency.

"Child." An unemancipated individual under 18 years of age.

"Household member." A spouse or an individual who has been a spouse, an individual living as a spouse or who lived as a spouse, a parent or child, another individual related by consanguinity or affinity, a current or former sexual or intimate partner, an individual who shares biological parenthood or any other person, who is currently sharing a household with the child or a party.

"Legal custody." The right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.

"Nonprofessional supervised physical custody." Custodial time during which an adult, designated by the court or agreed upon by the parties, monitors the interaction between the child and the individual with those rights.

"Parental duties." Includes meeting the physical, emotional and social needs of the child.

"Partial physical custody." The right to assume physical custody of the child for less than a majority of the time.

"Physical custody." The actual physical possession and control of a child.

"Primary physical custody." The right to assume physical custody of the child for the majority of time.

"Professional supervised physical custody." Custodial time during which a professional, with education and training on the dynamics of domestic violence, sexual assault, child abuse, trauma and the impact of domestic violence on children, oversees the interaction between the child and the individual with those custody rights and promotes the safety of the child during the interaction.

"Relocation." A change in a residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights.

"Safety of the child." The term includes, but is not limited to, the physical, emotional and psychological well-being of the child.

"Shared legal custody." The right of more than one individual to legal custody of the child.

"Shared physical custody." The right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child.

"Sole legal custody." The right of one individual to exclusive legal custody of the child.

"Sole physical custody." The right of one individual to exclusive physical custody of the child.

"Supervised physical custody." Custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights.

"Temporary housing instability." A period not to exceed six months from the date of the last incident of abuse as determined by a court.

(b) Other law.--In a statutory provision other than in this chapter, when the term "visitation" is used in reference to child custody, the term may be construed to mean:

(1) partial physical custody;

(2) shared physical custody; or

(3) supervised physical custody.

(Apr. 15, 2024, P.L.24, No.8, eff. 120 days)

2024 Amendment. Act 8 amended the def. of "abuse" and added the defs. of "household member," "nonprofessional supervised physical custody," "professional supervised physical custody," "safety of the child" and "temporary housing instability" in subsec. (a). See section 1 of Act 8 in the appendix to this title for special provisions relating to findings and declarations.

Cross References. Section 5322 is referred to in section 4602 of Title 51 (Military Affairs).

Notes of Decisions

Cited in 83 cases (23 in the last 5 years), 2012–2026 · leading case: M.B.S. v. W.E., 232 A.3d 922 (Pa. Super. Ct. 2020).

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M.B.S. v. W.E., 232 A.3d 922 (Pa. Super. Ct. 2020). · cites it 3× “” 23 Pa.C.S. § 5322. This Court has examined an older version of the Child Custody Act, which defined child in a similar manner.”

D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “” 23 Pa.C.S. § 5322(a). As noted, partial physical custody is defined as physical custody for less than a majority of the time.”

J.M. v. K.W., 164 A.3d 1260 (Pa. Super. Ct. 2017). “” 23 Pa.C.S. § 5322. Mother high-, lights that none of the then-existing orders specifically addressed who would exercise legal custody.”

Huss, A. v. Weaver, J., 134 A.3d 449 (Pa. Super. Ct. 2016). · cites it 2× “23 Pa.C.S. § 5322; Pa.R.C.P. 1915.1(b). Because children are not mere chattel, agreements regarding custody and visitation are always subject to court review and adjustment in the best interests of the child.”

Watts, T. v. Manheim Twp. Sch. Dist., Aplt., 121 A.3d 964 (Pa. 2015). · cites it 2× “23 Pa.C.S. § 5322. Additionally, we note that the child custody statute does not provide a definition for or any reference to “evenly divided time.”

C.G. v. J.H., 172 A.3d 43 (Pa. Super. Ct. 2017). “” 23 Pa.C.S. § 5322. “[T]he showing necessary to establish in loco parentis status must in fact be flexible and dependent upon the particular facts of the case.”

K.T. v. L.S., 118 A.3d 1136 (Pa. Super. Ct. 2015). “23 Pa. C.S. § 5322. No relocation shall occur unless every individual who has custody rights to the children consents to the proposed relocation or the court approves the proposed relocation.”

M.P. v. M.P., 54 A.3d 950 (Pa. Super. Ct. 2012). “” 23 Pa.C.S. § 5322(a). Moreover, to respond to Mother’s argument, we rely on Hill v.”

K.D. v. E.D., 2022 Pa. Super. 224 (Pa. Super. Ct. 2021). “See 23 Pa.C.S. § 5322(b). As the parties and the trial court periodically utilize the term in their respective briefs and opinions, we refer to “visitation” where it is necessary to maintain continuity.”

M.B.S. v. W.E., 2020 Pa. Super. 118 (Pa. Super. Ct. 2020). · cites it 3× “” 23 Pa.C.S. § 5322. This Court has examined an older version of the Child Custody Act, which defined child in a similar manner.”

D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). · cites it 2× “See 23 Pa.C.S. § 5322(a) (defining partial physical custody as physical custody for less than a majority of the time).”

A.S. v. I.S., 130 A.3d 763 (Pa. 2015). “” 23 Pa.C.S. § 5322(a). Shared physical custody is defined as "[t]he right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child.”

Show all 83 citing cases →

— 23 Pa. Cons. Stat. § 5322(a) — 34 cases

D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “” 23 Pa.C.S. § 5322(a). As noted, partial physical custody is defined as physical custody for less than a majority of the time.”

M.P. v. M.P., 54 A.3d 950 (Pa. Super. Ct. 2012). “” 23 Pa.C.S. § 5322(a). Moreover, to respond to Mother’s argument, we rely on Hill v.”

D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “See 23 Pa.C.S. § 5322(a) (defining partial physical custody as physical custody for less than a majority of the time).”

K.B. v. M.F., 247 A.3d 1146 (Pa. Super. Ct. 2021).

— 23 Pa. Cons. Stat. § 5322(b) — 7 cases

A.A.L. v. S.J.L. & M.L.A. (Pa. Super. Ct. 2017).

J.R. v. M.V. (Pa. Super. Ct. 2017).

J.K. & J.K. v. J.D. (Pa. Super. Ct. 2019).

R.P. v. K.F. (Pa. Super. Ct. 2020).

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