Pa. Cons. Stat. » 23 Pa. Cons. Stat. (DOMESTIC RELATIONS) / Chapter 53
Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 5324 (2026)

 Standing for any form of physical custody or legal custody.

✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 5324.  Standing for any form of physical custody or legal custody.

The following individuals may file an action under this chapter for any form of physical custody or legal custody:

(1)  A parent of the child.

(2)  A person who stands in loco parentis to the child.

(3)  A grandparent of the child who is not in loco parentis to the child:

(i)  whose relationship with the child began either with the consent of a parent of the child or under a court order;

(ii)  who assumes or is willing to assume responsibility for the child; and

(iii)  when one of the following conditions is met:

(A)  the child has been determined to be a dependent child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters);

(B)  the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity; or

(C)  the child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, in which case the action must be filed within six months after the removal of the child from the home.

(4)  Subject to paragraph (5), an individual who establishes by clear and convincing evidence all of the following:

(i)  The individual has assumed or is willing to assume responsibility for the child.

(ii)  The individual has a sustained, substantial and sincere interest in the welfare of the child. In determining whether the individual meets the requirements of this subparagraph, the court may consider, among other factors, the nature, quality, extent and length of the involvement by the individual in the child's life.

(iii)  Neither parent has any form of care and control of the child.

(5)  Paragraph (4) shall not apply if:

(i)  a dependency proceeding involving the child has been initiated or is ongoing; or

(ii)  there is an order of permanent legal custody under 42 Pa.C.S. § 6351(a)(2.1) or (f.1)(3) (relating to disposition of dependent child).

(May 4, 2018, P.L.112, No.21, eff. 60 days)

 

2018 Amendment.  Act 21 added pars. (4) and (5). Section 3 of Act 21 provided that the addition of pars. (4) and (5) shall apply to all custody proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of section 3.

Cross References.  Section 5324 is referred to in sections 5323, 5325, 5326 of this title.

Notes of Decisions
Cited in 102 cases (36 in the last 5 years), 2011–2026 · leading case: C.G. v. J.H., 193 A.3d 891 (Pa. 2018).
Sort: Relevance Newest Treatment
C.G. v. J.H., 193 A.3d 891 (Pa. 2018). · cites it 11× “23 Pa.C.S. § 5324. We granted allowance of appeal to explore whether a former same-sex, unmarried partner of a biological parent may have standing to pursue custody either as a parent or as a person who stood in loco parentis to the Child, and to what extent post-separation…”
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P., 194 A.3d 614 (Pa. Super. Ct. 2018). · cites it 17× “See 23 Pa.C.S. § 5324 (effective July 3, 2018).”
M.W. v. S.T., 196 A.3d 1065 (Pa. Super. Ct. 2018). · cites it 6× “In that petition, Parents asserted that Grandmother does not have standing to seek custody of Children pursuant to 23 Pa.C.S. § 5324, because the juvenile court closed the dependency case on June 21, 2017, and Children and Parents were living together as an intact family.”
C.G. v. J.H., 172 A.3d 43 (Pa. Super. Ct. 2017). · cites it 6× “filed a response to the preliminary objections, asserting that she had standing under the Child Custody Law both as a parent of the child, see 23 Pa.C.S. § 5324(1), and as a person who stood in loco parentis to the child, see id.”
K.C. & V.C. v. L.A. Appeal of: D.M & L.N., 128 A.3d 774 (Pa. 2015). · cites it 5× “In response, Paternal Grandparents filed an answer and new matter in which they alleged that Appellants lacked standing under 23 Pa.C.S. § 5324 3 to seek legal or physical custody over Child, claiming they were only temporary foster parents and, therefore, that they could not…”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). · cites it 4× “Grandmother invoked 23 Pa.C.S. § 5324 as the basis to pursue legal and physical custody of her grandson.”
M.G. v. L.D., Appeal of: C.B.D., 155 A.3d 1083 (Pa. Super. Ct. 2017). · cites it 3× “23 Pa.C.S. § 5324 5 In relation to grandparents that are seeking partial physical custody, the Child Custody Law states, in pertinent part, In addition to situations set forth in section 5324 (relating to standing for any form of physical custody or legal custody), -5-…”
R.L. v. M.A., 209 A.3d 391 (Pa. Super. Ct. 2019). · cites it 2× “]" 23 Pa.C.S. §§ 5324(1), (2). We acknowledge that the trial court's June 29, 2018 Order did not grant R.”
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “See 23 Pa.C.S. § 5324(3). . Grandparents initially appealed to the Superior Court, where the matter was docketed at No.”
In re S.H., 71 A.3d 973 (Pa. Super. Ct. 2013). “” 23 Pa.Cons.Stat.Ann. § 5324. Moreover, “any custody order entered by a court of this Commonwealth” may be modified if it serves the “best interests of the child.”
Interest of: M.R.F., III, minor, Appeal of: K.L.C, 182 A.3d 1050 (Pa. Super. Ct. 2018). “since he was adjudicated dependent, and that Appellants serve as foster parents at the agency's pleasure and oversight, it is unclear how they have standing to pursue custody under 23 Pa.C.S. § 5324. See In re J.S. , 980 A.”
A.S. v. I.S., 130 A.3d 763 (Pa. 2015). “See 23 Pa.C.S. § 5324(2). The Assembly has not, however, concomitantly adjusted the law-of support.”
Show all 102 citing cases →
— 23 Pa. Cons. Stat. § 5324(1) — 17 cases
C.G. v. J.H., 193 A.3d 891 (Pa. 2018). “23 Pa.C.S. § 5324. We granted allowance of appeal to explore whether a former same-sex, unmarried partner of a biological parent may have standing to pursue custody either as a parent or as a person who stood in loco parentis to the Child, and to what extent post-separation…”
C.G. v. J.H., 172 A.3d 43 (Pa. Super. Ct. 2017). “filed a response to the preliminary objections, asserting that she had standing under the Child Custody Law both as a parent of the child, see 23 Pa.C.S. § 5324(1), and as a person who stood in loco parentis to the child, see id.”
R.L. v. M.A., 209 A.3d 391 (Pa. Super. Ct. 2019). “]" 23 Pa.C.S. §§ 5324(1), (2). We acknowledge that the trial court's June 29, 2018 Order did not grant R.”
C.G. v. J.H., 172 A.3d 43 (Pa. Super. Ct. 2017).
C.G. v. J.H. (Pa. Super. Ct. 2017).
— 23 Pa. Cons. Stat. § 5324(2) — 35 cases
C.G. v. J.H., 172 A.3d 43 (Pa. Super. Ct. 2017). “filed a response to the preliminary objections, asserting that she had standing under the Child Custody Law both as a parent of the child, see 23 Pa.C.S. § 5324(1), and as a person who stood in loco parentis to the child, see id.”
C.G. v. J.H., 193 A.3d 891 (Pa. 2018). “23 Pa.C.S. § 5324. We granted allowance of appeal to explore whether a former same-sex, unmarried partner of a biological parent may have standing to pursue custody either as a parent or as a person who stood in loco parentis to the Child, and to what extent post-separation…”
R.L. v. M.A., 209 A.3d 391 (Pa. Super. Ct. 2019). “]" 23 Pa.C.S. §§ 5324(1), (2). We acknowledge that the trial court's June 29, 2018 Order did not grant R.”
A.S. v. I.S., 130 A.3d 763 (Pa. 2015). “See 23 Pa.C.S. § 5324(2). The Assembly has not, however, concomitantly adjusted the law-of support.”
In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C., 128 A.3d 1249 (Pa. Super. Ct. 2015).
— 23 Pa. Cons. Stat. § 5324(3) — 32 cases
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P., 194 A.3d 614 (Pa. Super. Ct. 2018). “See 23 Pa.C.S. § 5324 (effective July 3, 2018).”
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “See 23 Pa.C.S. § 5324(3). . Grandparents initially appealed to the Superior Court, where the matter was docketed at No.”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). “Grandmother invoked 23 Pa.C.S. § 5324 as the basis to pursue legal and physical custody of her grandson.”
M.W. v. S.T., 196 A.3d 1065 (Pa. Super. Ct. 2018). “In that petition, Parents asserted that Grandmother does not have standing to seek custody of Children pursuant to 23 Pa.C.S. § 5324, because the juvenile court closed the dependency case on June 21, 2017, and Children and Parents were living together as an intact family.”
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016).
— 23 Pa. Cons. Stat. § 5324(3)(A) — 1 case
E.a., III v. E.C., 2021 Pa. Super. 144 (Pa. Super. Ct. 2021).
— 23 Pa. Cons. Stat. § 5324(3)(i) — 9 cases
M.W. v. S.T., 196 A.3d 1065 (Pa. Super. Ct. 2018). “In that petition, Parents asserted that Grandmother does not have standing to seek custody of Children pursuant to 23 Pa.C.S. § 5324, because the juvenile court closed the dependency case on June 21, 2017, and Children and Parents were living together as an intact family.”
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P., 194 A.3d 614 (Pa. Super. Ct. 2018). “See 23 Pa.C.S. § 5324 (effective July 3, 2018).”
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P. (Pa. Super. Ct. 2018).
M.W. v. S.T. & V.T. (Pa. Super. Ct. 2018).
T.L.F. v. T.l.f., P.H. (Pa. Super. Ct. 2019).
— 23 Pa. Cons. Stat. § 5324(3)(i)(ii) — 1 case
L.V. v. A.D. (Pa. Super. Ct. 2021).
— 23 Pa. Cons. Stat. § 5324(3)(ii) — 1 case
Reichl, J. v. Rivera, L., Appeal of: Maldonado, M. (Pa. Super. Ct. 2025).
— 23 Pa. Cons. Stat. § 5324(3)(iii) — 3 cases
C.F. & B.F. v. L.C. & E.G. (Pa. Super. Ct. 2018).
In the Interest of: A.M., a Minor (Pa. Super. Ct. 2018).
Garcia, A. v. Garcia, A. (Pa. Super. Ct. 2023).
— 23 Pa. Cons. Stat. § 5324(3)(iii)(A) — 3 cases
M.W. v. S.T., 196 A.3d 1065 (Pa. Super. Ct. 2018). “In that petition, Parents asserted that Grandmother does not have standing to seek custody of Children pursuant to 23 Pa.C.S. § 5324, because the juvenile court closed the dependency case on June 21, 2017, and Children and Parents were living together as an intact family.”
M.W. v. S.T. & V.T. (Pa. Super. Ct. 2018).
In the Interest of: C.L.P., a Minor (Pa. Super. Ct. 2015).
— 23 Pa. Cons. Stat. § 5324(3)(iii)(B) — 8 cases
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P., 194 A.3d 614 (Pa. Super. Ct. 2018). “See 23 Pa.C.S. § 5324 (effective July 3, 2018).”
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P. (Pa. Super. Ct. 2018).
T.L.F. v. T.l.f., P.H. (Pa. Super. Ct. 2019).
M.D. v. C.D. & N.S. (Pa. Super. Ct. 2020).
C.M. v. A. & M.B. (Pa. Super. Ct. 2016).
— 23 Pa. Cons. Stat. § 5324(3)(iii)(C) — 2 cases
B.S.C. v. A.R.W. (Pa. Super. Ct. 2018).
Hoover, T. v. Lewis, J. v. Cohen, L. (Pa. Super. Ct. 2024).
— 23 Pa. Cons. Stat. § 5324(4) — 4 cases
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P., 194 A.3d 614 (Pa. Super. Ct. 2018). “See 23 Pa.C.S. § 5324 (effective July 3, 2018).”
In Re: Order Amending Rules 1915.3, 1915.5, & 1915.15 of the Pennsylvania Rules of Civil Procedure (Pa. 2020).
M.S. v. J.D., Appeal of: E.A.S. (Pa. Super. Ct. 2019).
Findley, T. v. Kennedy, A. (Pa. Super. Ct. 2023).
— 23 Pa. Cons. Stat. § 5324(4)(i) — 1 case
Rindock, K. v. Decker, R. (Pa. Super. Ct. 2022).
— 23 Pa. Cons. Stat. § 5324(4)(ii) — 2 cases
M.S. v. J.D., Appeal of: E.A.S. (Pa. Super. Ct. 2019).
Findley, T. v. Kennedy, A. (Pa. Super. Ct. 2023).
— 23 Pa. Cons. Stat. § 5324(5) — 2 cases
In Re: Order Amending Rules 1915.3, 1915.5, & 1915.15 of the Pennsylvania Rules of Civil Procedure (Pa. 2020).
M.S. v. J.D., Appeal of: E.A.S. (Pa. Super. Ct. 2019).
— 23 Pa. Cons. Stat. § 5324(5)(i) — 1 case
Findley, T. v. Kennedy, A. (Pa. Super. Ct. 2023).
— 23 Pa. Cons. Stat. § 5324(b) — 1 case
C.B. v. L.L.D. (Pa. Super. Ct. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.