In 2018, seven-year-old Kayden Mancuso was killed by her father during an unsupervised child custody visit in Pennsylvania, despite documented warnings of danger. That tragedy revealed serious shortcomings in how state courts weighed abuse allegations in custody cases. Lawmakers answered with Act 107 of 2024, known as “Kayden’s Law,” which impacts many child custody decisions in the State of Pennsylvania.
What Is Kayden’s Law?
Kayden’s Law (Act 107 of 2024) amended 23 Pa.C.S. § 5328 by adding a detailed list of safety-related factors that courts must consider in any custody proceeding. Signed by Governor Josh Shapiro on April 15, 2024, and effective August 15, 2024, the statute requires judges to thoroughly examine evidence of abuse, domestic violence, coercive control, and other risks while continuing to apply the traditional best-interest-of-the-child standard in Pennsylvania.
What New Safety Factors Must Pennsylvania Courts Now Evaluate?
The law expanded the custody factors from 16 to 23, with 17 specifically addressing safety. These include any history of physical, sexual, or psychological abuse by a parent; attempts to alienate the child from the other parent; founded child-abuse reports; use of coercive control; violations of protection-from-abuse orders; and related patterns of harmful behavior. Judges must make specific written findings on each applicable factor on the record.
Does Kayden’s Law Create a Rebuttable Presumption Against Custody for Abusive Parents?
A “rebuttable presumption” means the court must assume an abusive parent should not get custody unless they prove safety. Kayden’s Law does not create such a presumption; courts still decide based on the child’s best interests. However, when credible evidence of abuse exists, any award of custody or unsupervised visitation to the abusive parent requires the judge to issue detailed written findings. These must explain why the child will not be endangered and specify any safety measures imposed.
How Does Kayden’s Law Change Unsupervised Visitation and Private Custody Agreements?
If safety concerns arise, judges may order supervision, neutral exchange locations, graduated visitation schedules, abstinence from alcohol or drugs during visits, or other restrictions and must justify unsupervised access in writing. Even when parents reach their own agreement, courts can still reject or modify it if it poses a risk to the child. The law requires judges to independently review the safety factors in every case.
What Types of Evidence Trigger the Kayden’s Law Safety Review?
Many types of evidence qualify as “credible evidence” of domestic violence or child abuse under Kayden’s Law. This includes protection-from-abuse orders, criminal convictions, founded child-protective-services reports, police incident reports, medical records of injuries, and credible witness testimony. The court must consider this evidence and explain in writing how it affects the custody decision, even if there was no formal conviction or pending criminal case.
How Has Kayden’s Law Changed the Role of Guardians Ad Litem and Custody Evaluators?
Kayden’s Law requires Guardians Ad Litem (GAL) – a person appointed by the court to represent the child’s best interests – custody evaluators, and other court-appointed professionals to receive specific training in recognizing domestic violence and child abuse dynamics. They must now actively screen for the 17 safety factors, document findings in their reports, and recommend restrictions when evidence indicates risk. Now, their assessments often have a greater influence on final custody determinations.
How Does Kayden’s Law Apply to Modifications, Relocations, and Existing Orders?
The safety factors apply to all new cases, modifications, and relocation requests filed after August 15, 2024. When modifying older orders or evaluating a proposed move with the child, courts weigh any history of abuse alongside traditional factors and may deny relocation, limit custody rights, or impose conditions if the change would increase risk to the child in any measurable way.
Protect Your Child Under Kayden’s Law: Turn to Our Experienced West Chester Divorce Lawyers at Eckell Sparks
If you need legal guidance with child custody issues, contact our West Chester divorce lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.