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On April 15, 2024, Governor Shapiro signed Kayden’s Law (Senate Bill 55), which took effect on August 15, 2024.
This legislative action was put in motion by the tragic murder of 7-year-old Kayden Mancuso at the hands of her father, Jeffrey Mancuso. The incident occurred while she was in his custody during the summer of 2018.
Although Kayden’s mother had provided proof of his criminal history, orders of protection, and violent behavior during the hearing, Mancuso was allowed unsupervised custody because the evidence didn’t expressly show that he had previously abused his daughter.
At the time, judges in custody cases were required to consider past abuse and criminal conduct and could place conditions on custody and visitation — including supervision — at their discretion. Usually, the past abuse and criminal conduct was focused on the abuse between a parent and the child. Any abuse between the parents was not a considered factor. Kayden’s Law expands the types of conduct that judges must consider and stipulates that the courts must elevate the importance of certain aspects.
Interpreting the Legislation
The new law requires courts to apply weighted consideration to factors that directly impact the well-being and safety of the child. Specifically, when making custody decisions, judges must consider current or past protection orders when there’s been a judicial finding of abuse or violent behavior between the parties or any member of the household, including the minor child(ren).
The amended statute stipulates an expanded range of offenses for which a party or household member has been convicted or pled guilty — for example, reckless endangerment, simple assault, cruelty to animals, and interference with child custody. Although a conviction isn’t determinative when awarding custody, it does impact the totality of the circumstances for what’s in the best interest of the child.
In Pennsylvania, the rebuttable presumption for supervised visitation refers to a legal assumption that applies in custody disputes. This presumption can impact the how visitation is structured based on substance abuse, domestic violence, and other factors. Overall, Kayden’s Law creates a higher bar for granting unsupervised custody to parents when there’s a history of abuse and/or ongoing risk of violence.
Kayden’s Law is supposed to require a separate hearing to review evidence of alleged abuse, and courts will need to conduct more comprehensive evaluations of potential risks to children based on the expanded list of criminal offenses and other factors. At times, courts will combine Kayden’s Law hearing with a custody trial/hearing if warranted.
Because rebuttable presumption favors supervised custody in cases involving abuse or criminal behavior, there may be delays in arranging appropriate supervision when finalizing visitation schedules. Parties should also anticipate additional time for judicial explanations, because judges must now provide detailed explanations for their rulings.
Getting Help with Child Custody Matters
If you need help with a child custody matter, your first step is to contact a family law attorney who is familiar with the recent changes brought by Kayden’s Law in Pennsylvania.
Your attorney will assess the details specific to your case, and ask you about history of abuse, violence, or safety concerns. You should anticipate a separate hearing on abuse allegations — your attorney can help you prepare and organize your evidence. Many times, a risk assessment is required to help the court determine whether or not supervised visitation is required under Kayden’s law.
If appropriate, your attorney can discuss potential custody arrangements — including supervised visitation options — as well as develop a legal strategy and provide ongoing guidance from beginning to end.
Contact a Family Law Lawyer in Pennsylvania
Changes to child custody laws can make legal battles even more stressful and confusing than they already are. At the Law Office of Robin J. Gray, we are knowledgeable and adept at explaining and navigating the complexities of Kayden’s Law to deliver favorable outcomes for our clients. We provide a range of legal services, including Divorce (Simple and Complex), Custody, Business Law, Litigation and Personal Injury. To schedule a consultation, contact us through the website or call (484) 769-5855.
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