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Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 5327 (2026)

 Presumption in cases concerning primary physical custody.

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§ 5327.  Presumption in cases concerning primary physical custody.

(a)  Between parents.--In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.

(b)  Between a parent and third party.--In any action regarding the custody of the child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the parent. The presumption in favor of the parent may be rebutted by clear and convincing evidence.

(c)  Between third parties.--In any action regarding the custody of the child between a nonparent and another nonparent, there shall be no presumption that custody should be awarded to a particular party.

Notes of Decisions
Cited in 55 cases (22 in the last 5 years), 2012–2026 · leading case: M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017).
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M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). · cites it 4× “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
V.B. v. J.E.B., 55 A.3d 1193 (Pa. Super. Ct. 2012). · cites it 3× “Did the trial court err and abuse its discretion by not considering the presumption of custody in favor of a parent over a third party and then not considering whether the third party rebutted that presumption by clear and convincing evidence in accordance with 23 Pa. C.S. §…”
R.L. v. M.A., 209 A.3d 391 (Pa. Super. Ct. 2019). · cites it 3× “did not meet her burden of proof to overcome the presumption in favor of Appellant. Id. at 7. Appellant argues that the "scale was already tipped hard" to Appellant before the trial and that it was R.”
D.K.D. v. A.L.C., 141 A.3d 566 (Pa. Super. Ct. 2016). “See 23 Pa.C.S. § 5327(a) (“In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.”
A.S. v. I.S., 130 A.3d 763 (Pa. 2015). “See 23 Pa.C.S. § 5327(b). Furthermore, at least per the view of the family.”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). · cites it 4× “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
A.S. v. I.S., 130 A.3d 763 (Pa. 2015). “See 23 Pa.C.S. § 5327(b). Furthermore, at least per the view of the family court, Appellant has engaged in a course of “contemptuous” conduct relative to her treatment of the parties’ prior custody agreement.”
M.J.S. v. B.B. v. B.B., No. 37 WDA 2017 (Pa. Super. Ct. Oct. 17, 2017). · cites it 5× “--In any action regarding the custody of the child between a nonparent and another nonparent, there shall be no presumption that custody should be awarded to a particular party.”
Bell, D. v. Bell, K., No. 1256 MDA 2025 (Pa. Super. Ct. May 11, 2026). · cites it 5× “]” 23 Pa.C.S. § 5327. Pertinent to this case is the rebuttable presumption in favor of parents over third parties: “In any action regarding the custody of the child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the…”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). · cites it 4× “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). · cites it 4× “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). · cites it 4× “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
Show all 55 citing cases →
23 Pa. Cons. Stat. § 5327(a): 24 cases
D.K.D. v. A.L.C., 141 A.3d 566 (Pa. Super. Ct. 2016). “See 23 Pa.C.S. § 5327(a) (“In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
D.K.D. v. A.L.C., No. 1276 WDA 2015 (Pa. Super. Ct. June 15, 2016).
M.J.S. v. B.B. v. B.B., No. 37 WDA 2017 (Pa. Super. Ct. Oct. 17, 2017). “--In any action regarding the custody of the child between a nonparent and another nonparent, there shall be no presumption that custody should be awarded to a particular party.”
23 Pa. Cons. Stat. § 5327(b): 35 cases
V.B. v. J.E.B., 55 A.3d 1193 (Pa. Super. Ct. 2012). “Did the trial court err and abuse its discretion by not considering the presumption of custody in favor of a parent over a third party and then not considering whether the third party rebutted that presumption by clear and convincing evidence in accordance with 23 Pa. C.S. §…”
R.L. v. M.A., 209 A.3d 391 (Pa. Super. Ct. 2019). “did not meet her burden of proof to overcome the presumption in favor of Appellant. Id. at 7. Appellant argues that the "scale was already tipped hard" to Appellant before the trial and that it was R.”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
A.S. v. I.S., 130 A.3d 763 (Pa. 2015). “See 23 Pa.C.S. § 5327(b). Furthermore, at least per the view of the family.”
M.J.S. v. B.B., 172 A.3d 651 (Pa. Super. Ct. 2017). “23 Pa.C.S. § 5327. Instantly, the trial court undeniably ignored the presumption favoring Father over Grandmother pursuant to § 5327(b).”
23 Pa. Cons. Stat. § 5327(c): 1 case
Varner, L. & D. v. Hocker, F., 285 A.3d 962 (Pa. Super. Ct. 2022).
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