(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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 5321 - Scope of chapter
Section 5323 - Award of custody
Section 5324 - Standing for any form of physical custody or legal custody
Section 5325 - Standing for partial physical custody and supervised physical custody
Section 5326 - Effect of adoption
Section 5327 - Presumption in cases concerning primary physical custody
Section 5328 - Factors to consider when awarding custody
Section 5329 - Consideration of criminal conviction
Section 5329.1 - Consideration of child abuse and involvement with protective services
Section 5330 - Consideration of criminal charge
Section 5332 - Informational programs
Section 5333 - Counseling as part of order
Section 5334 - Guardian ad litem for child
Section 5335 - Counsel for child
Section 5336 - Access to records and information
Section 5338 - Modification of existing order
Section 5339 - Award of counsel fees, costs and expenses
Section 5340 - Court-appointed child custody health care or behavioral health practitioners