Pa. Cons. Stat. » 23 Pa. Cons. Stat. (DOMESTIC RELATIONS) / Chapter 54
Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 5421 (2026)

 Initial child custody jurisdiction.

✓ current as of May 2026
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SUBCHAPTER B

JURISDICTION

 

Sec.

5421.  Initial child custody jurisdiction.

5422.  Exclusive, continuing jurisdiction.

5423.  Jurisdiction to modify determination.

5424.  Temporary emergency jurisdiction.

5425.  Notice; opportunity to be heard; joinder.

5426.  Simultaneous proceedings.

5427.  Inconvenient forum.

5428.  Jurisdiction declined by reason of conduct.

5429.  Information to be submitted to court.

5430.  Appearance of parties and child.

 

Cross References.  Subchapter B is referred to in sections 5404, 5405, 5444, 5445, 5446, 5447, 5448, 5450, 5453 of this title.

§ 5421.  Initial child custody jurisdiction.

(a)  General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:

(1)  this Commonwealth is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;

(2)  a court of another state does not have jurisdiction under paragraph (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under section 5427 (relating to inconvenient forum) or 5428 (relating to jurisdiction declined by reason of conduct) and:

(i)  the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence; and

(ii)  substantial evidence is available in this Commonwealth concerning the child's care, protection, training and personal relationships;

(3)  all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under section 5427 or 5428; or

(4)  no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3).

(b)  Exclusive jurisdictional basis.--Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.

(c)  Physical presence and personal jurisdiction unnecessary.--Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.

 

Cross References.  Section 5421 is referred to in sections 5210, 5422, 5423, 5424, 5428 of this title.

Notes of Decisions
Cited in 41 cases (11 in the last 5 years), 2004–2026 · leading case: Jmr v. Jm, 1 A.3d 902 (Pa. Super. Ct. 2010).
Sort: Relevance Newest Treatment
Jmr v. Jm, 1 A.3d 902 (Pa. Super. Ct. 2010). · cites it 5× “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
A.l.-s. v. B.S., 117 A.3d 352 (Pa. Super. Ct. 2015). · cites it 2× “§ 5423, this Court first examined whether there is jurisdiction over the instant custody matter pursuant to 23 Pa.C.S. § 5421. Section 5421 provides: § 5421.”
J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018). “an initial child custody determination only if: (1) this Commonwealth is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this…”
M.E.V. v. R.D.V., 57 A.3d 126 (Pa. Super. Ct. 2012). · cites it 2× “23 Pa.C.S. § 5421. Furthermore, the UCCJEA defines the “home state” as: The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.”
B.J.D. v. D.L.C., 19 A.3d 1081 (Pa. Super. Ct. 2011). · cites it 3× “In that case, we would have to look to whether the trial court could exercise initial custody jurisdiction pursuant to 23 Pa.C.S. § 5421. It cannot. Pennsylvania is not the Child’s home state, nor is it a significant connections state pursuant to 23 Pa.”
B.L. v. T.B., 152 A.3d 1014 (Pa. Super. Ct. 2016). “23 Pa.C.S. § 5421. “Home state” is defined as follows: The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.”
T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super. Ct. 2014). “ction declined by reason of conduct) and: (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence; and (ii) substantial evidence is…”
Boback, T. v. Pershing, C. v. Boback, M., 311 A.3d 1126 (Pa. Super. Ct. 2024). “- 10 - J-S46003-23 23 Pa.C.S. § 5421. Relevant to this appeal, the UCCJEA defines “home state” as “[t]he state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody…”
J.M.R. v. J.M., 1 A.3d 868 (Pa. Super. Ct. 2010). · cites it 5× “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
Boback, T. v. Pershing, C. v. Boback, M., 2024 Pa. Super. 30 (Pa. Super. Ct. 2024). “- 10 - J-S46003-23 23 Pa.C.S. § 5421. Relevant to this appeal, the UCCJEA defines “home state” as “[t]he state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody…”
Bjd v. Dlc, 19 A.3d 1081 (Pa. Super. Ct. 2011). · cites it 3× “In that case, we would have to look to whether the trial court could exercise initial custody jurisdiction pursuant to 23 Pa.C.S. § 5421. It cannot. Pennsylvania is not the Child's home state, nor is it a significant connections state pursuant to 23 Pa.”
OMalley, K. v. Isquierdo, D., 2025 Pa. Super. 203 (Pa. Super. Ct. 2025). · cites it 6× “See 23 Pa.C.S. § 5421(a)(1). The facts admitted by the parties rule out that possibility where, on the date Father filed his custody complaint, Pennsylvania was not G.”
Show all 41 citing cases →
— 23 Pa. Cons. Stat. § 5421(1) — 1 case
M.E.V. v. R.D.V., 57 A.3d 126 (Pa. Super. Ct. 2012). “23 Pa.C.S. § 5421. Furthermore, the UCCJEA defines the “home state” as: The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.”
— 23 Pa. Cons. Stat. § 5421(3) — 1 case
Aftab, T. v. Mahmood, A. (Pa. Super. Ct. 2026).
— 23 Pa. Cons. Stat. § 5421(a) — 10 cases
Jmr v. Jm, 1 A.3d 902 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
A.l.-s. v. B.S., 117 A.3d 352 (Pa. Super. Ct. 2015). “§ 5423, this Court first examined whether there is jurisdiction over the instant custody matter pursuant to 23 Pa.C.S. § 5421. Section 5421 provides: § 5421.”
J.M.R. v. J.M., 1 A.3d 868 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
J.D. v. N.T. (n.k.a. T.) (Pa. Super. Ct. 2017).
R.E.P. v. J.H. (Pa. Super. Ct. 2017).
— 23 Pa. Cons. Stat. § 5421(a)(1) — 15 cases
J.C. v. K.C., 179 A.3d 1124 (Pa. Super. Ct. 2018). “an initial child custody determination only if: (1) this Commonwealth is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this…”
Jmr v. Jm, 1 A.3d 902 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super. Ct. 2014). “ction declined by reason of conduct) and: (i) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence; and (ii) substantial evidence is…”
B.J.D. v. D.L.C., 19 A.3d 1081 (Pa. Super. Ct. 2011). “In that case, we would have to look to whether the trial court could exercise initial custody jurisdiction pursuant to 23 Pa.C.S. § 5421. It cannot. Pennsylvania is not the Child’s home state, nor is it a significant connections state pursuant to 23 Pa.”
J.M.R. v. J.M., 1 A.3d 868 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
— 23 Pa. Cons. Stat. § 5421(a)(2) — 5 cases
Jmr v. Jm, 1 A.3d 902 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
J.M.R. v. J.M., 1 A.3d 868 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
Bunting, B. v. Bunting, K. (Pa. Super. Ct. 2025).
In the Interest of: G.G.B., Appeal of: J.B. (Pa. 2026).
Aftab, T. v. Mahmood, A. (Pa. Super. Ct. 2026).
— 23 Pa. Cons. Stat. § 5421(a)(2)(ii) — 1 case
Aftab, T. v. Mahmood, A. (Pa. Super. Ct. 2026).
— 23 Pa. Cons. Stat. § 5421(a)(3) — 1 case
OMalley, K. v. Isquierdo, D., 2025 Pa. Super. 203 (Pa. Super. Ct. 2025). “See 23 Pa.C.S. § 5421(a)(1). The facts admitted by the parties rule out that possibility where, on the date Father filed his custody complaint, Pennsylvania was not G.”
— 23 Pa. Cons. Stat. § 5421(a)(4) — 3 cases
B.J.D. v. D.L.C., 19 A.3d 1081 (Pa. Super. Ct. 2011). “In that case, we would have to look to whether the trial court could exercise initial custody jurisdiction pursuant to 23 Pa.C.S. § 5421. It cannot. Pennsylvania is not the Child’s home state, nor is it a significant connections state pursuant to 23 Pa.”
Bjd v. Dlc, 19 A.3d 1081 (Pa. Super. Ct. 2011). “In that case, we would have to look to whether the trial court could exercise initial custody jurisdiction pursuant to 23 Pa.C.S. § 5421. It cannot. Pennsylvania is not the Child's home state, nor is it a significant connections state pursuant to 23 Pa.”
OMalley, K. v. Isquierdo, D., 2025 Pa. Super. 203 (Pa. Super. Ct. 2025). “See 23 Pa.C.S. § 5421(a)(1). The facts admitted by the parties rule out that possibility where, on the date Father filed his custody complaint, Pennsylvania was not G.”
— 23 Pa. Cons. Stat. § 5421(a)(l) — 1 case
Bongo v. Austin, 12 Pa. D. & C.5th 449 (2010).
— 23 Pa. Cons. Stat. § 5421(c) — 3 cases
Jmr v. Jm, 1 A.3d 902 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
J.M.R. v. J.M., 1 A.3d 868 (Pa. Super. Ct. 2010). “§ 5423, we must first examine *909 whether there is jurisdiction over the instant custody matter pursuant to 23 Pa. C.S. § 5421 as to initial custody jurisdiction.”
E.C. v. T.C. (Pa. Super. Ct. 2019).
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.