23 Pa. C.S. § 5327

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 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.

23 Pa.C.S. § 5327

2010, Nov. 23, P.L. 1106, No. 112, §2, effective in 60 days [ 1/24/2011].