Parental Rights in Pennsylvania: What Parents Need to Know

What Are Parental Rights in Pennsylvania?

Parental rights refer to a parent’s legal authority and obligation to raise, protect, and care for their child. In Pennsylvania, both mothers and fathers have equal rights under the law, regardless of marital status, unless a court decides otherwise.

At Cooper Family Law, we support parents across Philadelphia, Bucks, Montgomery, Chester, and Delaware Counties, helping them understand and defend their rights with confidence.

Key Components of Parental Rights

In Pennsylvania, parental rights typically include:

• Physical custody (living with the child)

• Legal custody (making decisions about health, education, and welfare)

• Visitation rights

• Consent to medical treatment

• Right to be informed and involved in legal matters affecting the child

Unless a court order says otherwise, parents generally share these rights equally.

When Are Parental Rights at Risk?

A parent’s rights may be challenged or limited in certain situations, including:

• Allegations of neglect, abuse, or substance abuse

• Criminal charges or incarceration

• Long-term absence or lack of involvement

• Custody disputes where one parent is deemed unfit

In extreme cases, parental rights can be legally terminated through the court system under 23 Pa. C.S. § 2511.

Can Parental Rights Be Terminated in PA?

Yes. Termination of parental rights can be either:

1. Voluntary Termination

A parent may voluntarily relinquish their rights — usually in connection with an adoption proceeding or when another guardian is willing to assume legal responsibility.

2. Involuntary Termination

A court may terminate rights involuntarily due to:

• Abuse or neglect

• Failure to maintain contact or support

• Chronic incapacity or unfitness

• Risk to the child’s safety or well-being

Note: Termination is permanent and eliminates all legal ties to the child.

Rights of Mothers and Fathers in Pennsylvania

Both parents have the same legal rights in custody and support matters. Courts are prohibited from favoring one parent over the other based on gender.

Factors that courts evaluate include:

• The emotional bond between parent and child

• Parenting ability

• Stability of the home environment

• Willingness to co-parent

• Child’s preferences (in older children)

If one parent tries interfering with the other’s relationship with the child without cause, it may negatively impact their custody case.

When to Consult a Parental Rights Attorney in PA

If you’re facing any of the following, it’s time to speak with a parental rights lawyer:

• You’re being denied access to your child

• You’re concerned about the safety of your child with the other parent

• You’ve been served with a petition for termination

• You want to defend or reinstate your rights

• You’re involved in a high-conflict custody case

An experienced family law attorney can help present your case effectively, gather evidence, and protect your rights in and out of court.

Relevant Pennsylvania Statutes on Parental Rights

• 23 Pa. C.S. § 2511 – Grounds for involuntary termination

• 23 Pa. C.S. § 5324 – Who may file for custody

• 23 Pa. C.S. § 5328 – Best interest of the child standard

Each county in Southeastern PA follows statewide family law statutes, but may have local protocols for:

• Emergency custody petitions

• Court-ordered mediation

• Reunification programs

We’re familiar with the preferences and procedures of courts in Philadelphia, Bucks, Chester, Montgomery, and Delaware Counties.