Pennsylvania Consolidated Statutes
23 Pa. Cons. Stat. § 5325 (2026)
Standing for partial physical custody and supervised physical custody.
✓ current as of May 2026
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§ 5325. Standing for partial physical custody and supervised physical custody.
In addition to situations set forth in section 5324 (relating to standing for any form of physical custody or legal custody), grandparents and great-grandparents may file an action under this chapter for partial physical custody or supervised physical custody in the following situations:
(1) where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section;
(2) where the relationship with the child began either with the consent of a parent of the child or under a court order and where the parents of the child:
(i) have commenced a proceeding for custody; and
(ii) do not agree as to whether the grandparents or great-grandparents should have custody under this section; or
(3) when the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, an action must be filed within six months after the removal of the child from the home.
(May 4, 2018, P.L.112, No.21, eff. 60 days)
2018 Amendment. Act 21 amended par. (2).
Cross References. Section 5325 is referred to in sections 5323, 5326, 5328 of this title.
Notes of Decisions
Cited in 60
cases (23 in the last 5 years), 2013–2026 · 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). “23 Pa.C.S. § 5325 (emphasis added). 2 In November 2014, the court issued an interim custody order granting shared legal custody to Parents and directing that Grandparents continue to have no contact with the children.”
M.G. v. L.D., Appeal of: C.B.D., 155 A.3d 1083 (Pa. Super. Ct. 2017). “Grandfather invoked an additional right to seek partial custody under 23 Pa.C.S. § 5325(2), which applies where parents have been separated for at least six months.”
J. & S.O. v. C.H., 206 A.3d 1171 (Pa. Super. Ct. 2019). “The relevant factual and procedural history is as follows. Father and Child's biological mother ("Mother") were married and Child was born in 2009.”
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “23 Pa.C.S. § 5325 (emphasis added). 2 In November 2014, the court issued an interim custody order granting shared legal custody to Parents and directing that Grandparents continue to have no contact with the children.”
E.a., III v. E.C., 259 A.3d 497, 2021 PA Super 144 (Pa. Super. Ct. 2021). “]” 23 Pa.C.S. § 5325(1). See N.T. 9/9/20, at 9 (Maternal Grandmother assenting to the court’s statement, “So, presumably under [§] 5325(1), grandmother doesn’t have standing .”
G.A.P. v. J.M.W. v. S.J. & R.J., Appeal of: G.P., 194 A.3d 614 (Pa. Super. Ct. 2018). “§ 5324(3) ; 23 Pa.C.S. § 5325. Section 5324(3) provides standing to 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…”
L.A.L. v. V.D., 72 A.3d 690 (Pa. Super. Ct. 2013). “3 In this appeal, Appellants present a single claim for review, that the trial “court erred in finding that [they] lacked standing to pursue custody pursuant to 23 Pa.C.S. § 5325(2) as [they] are the paternal grandparents of the minor child at issue and the parents of the minor…”
J. & S. O. v. C.H., No. 1361 MDA 2018 (Pa. Super. Ct. Mar. 27, 2019). “2006), we conclude that 23 Pa.C.S. § 5325, granting standing to grandparents to seek partial custody of their deceased child’s children (grandchildren), survives strict scrutiny and is constitutional as applied in this case.”
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “23 Pa.C.S. § 5325 (emphasis added). 2 In November 2014, the court issued an interim custody order granting shared legal custody to Parents and directing that Grandparents continue to have no contact with the children.”
D.P. & B.P., Aplts. v. G.J.P. & A.P., No. 25 WAP 2015 (Pa. Sept. 9, 2016). “23 Pa.C.S. §5325 (emphasis added).2 1 The Domestic Relations Code comprises Title 23 of the Pennsylvania Consolidated Statutes.”
D.P. & B.P., Aplts. v. G.J.P. & A.P., No. 25 WAP 2015 (Pa. Sept. 9, 2016). “23 Pa.C.S. §5325 (emphasis added).2 1 The Domestic Relations Code comprises Title 23 of the Pennsylvania Consolidated Statutes.”
L.M.B. v. D.B., No. 2261 EDA 2017 (Pa. Super. Ct. Dec. 11, 2017). “facts establishing standing pursuant to 23 Pa.C.S. § 5325. Pa.R.C.P. 1915.3(e). 2 Paternal Grandparents, in accordance with Pa.”
23 Pa. Cons. Stat. § 5325(1): 15 cases
J. & S.O. v. C.H., 206 A.3d 1171 (Pa. Super. Ct. 2019). “The relevant factual and procedural history is as follows. Father and Child's biological mother ("Mother") were married and Child was born in 2009.”
E.a., III v. E.C., 259 A.3d 497, 2021 PA Super 144 (Pa. Super. Ct. 2021). “]” 23 Pa.C.S. § 5325(1). See N.T. 9/9/20, at 9 (Maternal Grandmother assenting to the court’s statement, “So, presumably under [§] 5325(1), grandmother doesn’t have standing .”
J. & S. O. v. C.H., No. 1361 MDA 2018 (Pa. Super. Ct. Mar. 27, 2019). “2006), we conclude that 23 Pa.C.S. § 5325, granting standing to grandparents to seek partial custody of their deceased child’s children (grandchildren), survives strict scrutiny and is constitutional as applied in this case.”
J.W.L. v. J.L. & A.M.B., Appeal of: J.L., No. 1762 WDA 2015 (Pa. Super. Ct. Apr. 25, 2016).
D.W. & D.W. v. F.T. & J.T., No. 1007 WDA 2016 (Pa. Super. Ct. Jan. 27, 2017).
23 Pa. Cons. Stat. § 5325(2): 25 cases
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “23 Pa.C.S. § 5325 (emphasis added). 2 In November 2014, the court issued an interim custody order granting shared legal custody to Parents and directing that Grandparents continue to have no contact with the children.”
M.G. v. L.D., Appeal of: C.B.D., 155 A.3d 1083 (Pa. Super. Ct. 2017). “Grandfather invoked an additional right to seek partial custody under 23 Pa.C.S. § 5325(2), which applies where parents have been separated for at least six months.”
D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016). “23 Pa.C.S. § 5325 (emphasis added). 2 In November 2014, the court issued an interim custody order granting shared legal custody to Parents and directing that Grandparents continue to have no contact with the children.”
L.A.L. v. V.D., 72 A.3d 690 (Pa. Super. Ct. 2013). “3 In this appeal, Appellants present a single claim for review, that the trial “court erred in finding that [they] lacked standing to pursue custody pursuant to 23 Pa.C.S. § 5325(2) as [they] are the paternal grandparents of the minor child at issue and the parents of the minor…”
E.a., III v. E.C., 259 A.3d 497, 2021 PA Super 144 (Pa. Super. Ct. 2021). “]” 23 Pa.C.S. § 5325(1). See N.T. 9/9/20, at 9 (Maternal Grandmother assenting to the court’s statement, “So, presumably under [§] 5325(1), grandmother doesn’t have standing .”
23 Pa. Cons. Stat. § 5325(2)(i): 3 cases
M.A.M. v. K.L.M. v. T.I.C., No. 1579 WDA 2019 (Pa. Super. Ct. Mar. 2, 2020).
L.V. v. A.D., No. 646 EDA 2020 (Pa. Super. Ct. May 12, 2021).
Hopkins, M. v. Hopkins, R., No. 1036 WDA 2025 (Pa. Super. Ct. Mar. 3, 2026).
23 Pa. Cons. Stat. § 5325(2)(ii): 2 cases
E.a., III v. E.C., 259 A.3d 497, 2021 PA Super 144 (Pa. Super. Ct. 2021). “]” 23 Pa.C.S. § 5325(1). See N.T. 9/9/20, at 9 (Maternal Grandmother assenting to the court’s statement, “So, presumably under [§] 5325(1), grandmother doesn’t have standing .”
Hugendubler, T. v. Sics, A., No. 175 MDA 2022 (Pa. Super. Ct. Aug. 29, 2022).
23 Pa. Cons. Stat. § 5325(3): 1 case
A.M.D. v. A.L.R, Aplts., No. 13 MAP 2023 (Pa. Oct. 18, 2023).
23 Pa. Cons. Stat. § 5325(a): 1 case
K. T. & M. R. T. v. L. S., No. 433 MDA 2014 (Pa. Super. Ct. Sept. 16, 2014).
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