Kayden’s Law, signed into state law by Pennsylvania Governor Josh Shapiro on April 15, 2024, aims to protect children during custody disputes. The law honors the memory of Kayden Mancuso of Bucks County. Kayden was seven years old when she was killed by her father in a murder-suicide during an unsupervised, court-ordered visit with him in 2018. This tragedy resulted in the enactment of what is known as Kaden’s Law, which imposed new procedures and requirements in custody matters.
Key Changes to Pennsylvania’s Child Custody Laws
Kayden’s Law introduced new procedures to Pennsylvania’s child custody laws with the intention to better protect children from abuse and harm. The law adds new procedures for courts to follow during custody decisions. Below are the key changes included in Kayden’s Law:
- Increased Focus on Child Safety: Courts now give additional weight to factors that affect the safety of the child, including a parent’s history of abusive behavior or violent conduct. Safety concerns take priority over other custody considerations.
- Supervised Visitation Requirements: Judges must order supervised visitation when they find evidence of ongoing risks of abuse. The law encourages professional supervision to protect children during visits.
- Additional Custody Factors: The law expands the list of factors judges must consider when awarding custody. These include past or current abuse, violent behavior, and the safety measures each parent can provide.
- Educational Programs for Judges and Court Staff: Kayden’s Law encourages the state to provide training for judges and other court personnel. These training programs should focus on domestic violence, child abuse, and their impact on children.
The Role of Evidence and Allegations of Abuse
Kayden’s Law emphasizes the importance of evidence and findings of abuse in child custody cases. The law requires courts to carefully evaluate abuse claims to protect children while maintaining fairness in custody decisions. Judges must consider both the child’s safety and the credibility of abuse allegations.
The law sets forth specific guidelines for handling claims of abuse. Courts must review evidence such as protection from abuse (PFA) orders, criminal convictions, and reports from child protective services. However, judges cannot base custody decisions solely on allegations without evidence. Instead, they must weigh the totality of the circumstances and consider whether an ongoing risk of harm exists.
If courts find credible evidence of abuse, Kayden’s Law requires them to implement safety measures. These can include supervised visitation or restrictions on legal custody. The law favors professional supervised visitation whenever possible to ensure a safe environment for the child. Nonprofessional supervision may occur only if professional options are unavailable or unaffordable and the court finds a designated adult capable of ensuring the child’s safety.
What Does Kayden’s Law Mean for Parents in Custody Cases?
Kayden’s Law will have significant implications for many parents involved in custody cases. The law requires additional procedures regarding the evaluation of child safety and requires courts to evaluate the risks of abuse thoroughly. Parents involved in custody disputes must prepare for heightened scrutiny of their actions, past behavior, and the environments they provide for their children.
The law focuses on abuse allegations. If one parent raises claims of abuse, the court will assess evidence, such as protection from abuse (PFA) orders, criminal records, or reports from child protective services. Parents should gather any relevant documentation to support or counter such claims as necessary, as these factors can heavily influence custody decisions.
The law also increases the likelihood of supervised visitation if there is credible evidence of abuse or ongoing risk. Parents facing allegations might need to attend visits with their children under the supervision of a court-approved individual or professional agency.
Additionally, Pennsylvania custody law mandates that custody decisions prioritize the child’s physical, emotional, and psychological well-being. Judges will consider each parent’s ability to address these needs, which could impact legal and physical custody arrangements.
Contact a Pennsylvania Custody Lawyer Today
If you have questions about protecting your child’s safety or securing fair custody arrangements under the new rules of Kayden’s Law, contact The Law Offices of Dawn K. Gull. Our team is here to provide the guidance you need to approach your case with clarity and confidence. 412-440-5718 for an initial consultation to learn more about your rights and get assistance with your custody matter.