23 Pa.C.S. § 5508: Liability of parent not having custody or control of child.

(a) General rule.--No liability may be imposed upon a parent under this chapter if, at the time of commission of the tortious act, the parent has neither custody of the child nor is entitled to custody of the child or if the child is institutionalized or emancipated.

(b) Exception.--No parent is absolved of liability due to the desertion of the child by the parent.