What Is Kayden’s Law, and How Does it Affect Child Custody?

Written by Timothy Czekaj

In 2018, Pennsylvania was shaken by the tragic death of 7-year-old Kayden Mancuso at the hands of her father during a court-ordered visitation.

Despite evidence of the father’s violent history, he was granted unsupervised custody—a decision that cost Kayden her life. To address the gaps in the legal system that contributed to this tragedy, Pennsylvania recently enacted Kayden’s Law, which aims to enhance child safety in custody proceedings.

Here’s what you need to know about the new law, the changes it brings to child custody cases, and how your family can navigate these legal updates.

What Is Kayden’s Law?

Kayden’s Law, officially signed by Governor Shapiro on April 15, 2024, and effective as of August 15, 2024, strengthens the legal protections for children in custody disputes where abuse or violence is alleged.

The law’s primary objective is to prioritize child safety in custody determinations by:

• Requiring courts to conduct evidentiary hearings to evaluate abuse allegations.
• Expanding the types of abusive behavior that must be considered during custody proceedings.
• Establishing a presumption that supervised visitation is necessary for parents with a history of abuse.

Overall, the new law aims to create a higher bar for granting unsupervised custody, especially if there is a history of violent or abusive behavior.

Key Changes Under Kayden’s Law 

In practice, here are some of the biggest changes to custody proceedings after the passing of this law:

1. Evidentiary Hearings for Allegations of Abuse

Kayden’s Law requires courts to hold separate evidentiary hearings to evaluate abuse allegations, whether the allegations are new or occurred in the past. This ensures that any history of abuse is thoroughly reviewed and cannot be dismissed due to procedural shortcuts.

2. Rebuttable Presumption for Supervised Visitation

The law introduces a rebuttable presumption that supervised visitation is necessary for parents with a history of:

• Abuse against a household member or any other individual.
• Criminal convictions for offenses like simple assault, reckless endangerment, cruelty to animals, and interference with child custody.

This presumption aims to prevent children from being placed in potentially dangerous situations.

3. Greater Emphasis on Child Safety in Court Decisions

Under Kayden’s Law, courts must give greater weight to factors directly affecting the safety and well-being of the child. Protection from Abuse Orders (PFAs) and any judicial findings of abuse or violent behavior now carry significant influence in custody decisions.

What Does Kayden’s Law Mean for Your Child Custody Case?

While Kayden’s Law strengthens protections for children, it also brings practical changes that families navigating custody cases should understand and prepare for.

Potentially Longer Waits

Kayden’s Law introduces evidentiary hearings and requires courts to carefully weigh allegations of abuse, which can extend the resolution of custody disputes. Families should be prepared for more in-depth evaluations and potentially longer waits for final decisions.

Importance of Evidence

Strong documentation is critical. Police reports, medical records, PFAs, and other evidence of abuse or violent behavior will play a central role in custody cases under the new law.

Greater Likelihood of Supervised Visitation

Supervised visitation is likely to become more common in cases involving allegations of abuse. While it prioritizes safety, families should anticipate logistical challenges and additional costs associated with supervised arrangements.

What Do Parents Need to Know?

For parents facing custody disputes, you can adapt to the recent changes and be prepared by:

• Collecting Evidence Early: Gather evidence of abuse or violent behavior, such as court records, emails, or text messages, to present during evidentiary hearings.
• Understanding Supervised Visitation: Explore options for affordable or professional supervised visitation services if they are likely to apply in your case.
• Following Court Processes: Compliance with court orders and prompt action on evaluations or hearings can help move your case forward efficiently/

How a Family Law Attorney Can Help

Navigating custody cases under Kayden’s Law can be complex, especially when abuse allegations are involved. A family law attorney can:

• Help you understand how the new law applies to your case.
• Assist in collecting and organizing evidence to support your claims.
• Advocate for custody arrangements that prioritize your child’s safety and well-being.
• Guide you through the procedural requirements, including evidentiary hearings and compliance with court orders.

Having an experienced attorney by your side ensures that your rights and your child’s best interests are protected throughout the custody process.

FAQs about Kayden’s Law

Does Kayden’s Law apply to cases that are already ongoing?

Yes, the law applies to active custody disputes. Families currently in court may experience extended timelines due to additional hearings and evaluations.

What evidence is important under Kayden’s Law?

Relevant evidence includes Protection from Abuse Orders, police reports, medical records, and documentation of violent behavior. This evidence will be reviewed in evidentiary hearings to assess risk factors.

What is supervised visitation, and when is it required?

Supervised visitation involves monitored contact between a parent and their child, usually required when there is a history of abuse, violence, or other safety concerns. The presumption for supervised visitation can be challenged with sufficient evidence.

Where can I find supervised visitation services in Pennsylvania?

You can explore options through local court programs, community organizations, or private providers. Your attorney can help identify appropriate resources for your situation.

Questions about Child Custody Under Kayden’s Law? Call Czekaj Law LLC

Kayden’s Law is a significant step forward in protecting children involved in custody disputes, prioritizing their safety over other considerations. While the law introduces additional processes and complexities, it aims to prevent tragedies like Kayden Mancuso’s from happening again.

If you have questions about Kayden’s Law or need help with a child custody matter, Czekaj Law LLC can help. Our experienced family law attorneys are here to provide the guidance and support you need to protect your family’s future.

Call 717-275-9770 or contact us today for a free consultation.