Kayden’s Law Takes Effect: Pennsylvania Prioritizes Child Safety in Custody Cases

On April 15, 2024, Governor Shapiro signed Kayden’s Law (Senate Bill 55), which takes 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. 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.

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.

Expanding the Timeline for Active Custody Disputes

Families who are in the middle of custody battles in Pennsylvania can expect extended timelines for resolution.

Kayden’s Law will 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.

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.

If you’re concerned that the new law will drag out your case, consider taking the following actions:

• Gather evidence proactively: Collect and organize all relevant documentation related to child safety, abuse allegations, and criminal history early in the process.
• Consider mediation: Pursue this option only if there are no safety concerns; if appropriate and safe, you may be able to resolve some custody issues faster than litigation.
• Comply with court orders: Complete required evaluations, assessments, and court-ordered programs promptly.
• Anticipate separate abuse hearings: Keep all relevant information at-the-ready to move the process along more quickly.
• Explore supervised visitation options: Research and propose viable options early if your situation might require supervised visitation under the new law.

Ultimately, the actual impact on timelines will vary depending on the circumstances of individual cases and how quickly the new policies are implemented.

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.

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 Gross McGinley, our family law attorneys 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 criminal defense, business law, litigation, estate planning, real estate, and more. To schedule a consultation, contact us or call us at 610-820-5450.