Kayden’s Law: Changes to Pennsylvania’s Child Custody Laws Surrounding Abuse

Kayden’s Law is a law that was passed in 2024 in response to the tragic 2018 murder of a child, Kayden Mancuso, by her father, Jeffrey Mancuso, during an unsupervised visit. Jeffrey had a history of suicidal ideation and violence against others. The goal of Kayden’s Law is to ensure that Pennsylvania courts consider a parent’s history of abuse, whether against their own child or other individuals, in crafting a custody order. When a parent has been charged with certain crimes—such as assault, stalking, child endangerment, and others—or has had a Protection from Abuse (“PFA”) action successfully filed against them, the Court will presume that their contact with their child should be supervised unless they can prove that they do not present a risk of harm to the child. The law also puts restrictions in place which make it more difficult for a parent accused of abuse to have a family member or a friend supervise their custodial time, and it makes it easier for the other parent to seek attorney’s fees. In addition, when the court finds that a parent presents a continued risk of harm, the law provides for additional restrictions and requirements to be put in place, such as counseling or classes for the parent alleged to have committed the abuse and the ability for the court to appoint a guardian ad litem to represent the child’s best interests.

Kayden’s Law went into effect on August 15, 2024. While many victims’ advocates and others have applauded the law, which will undoubtedly protect many children, some are concerned that the law may be overbroad. The law requires the courts to consider every conviction for the enumerated offenses and every PFA that was ever granted against an individual, no matter how long ago the circumstances surrounding the conviction or the PFA may have occurred. For example, if a parent got into a physical altercation with an adult household member 20 years ago and was charged with simple assault, that conviction must be considered by the court, with the presumption that that parent’s custody time should be supervised unless they can convince the court that they do not present a risk of harm to the child. The fact that the law includes PFAs is especially concerning to some, as PFAs are easier to obtain than a criminal conviction, in that civil orders that require only a preponderance of the evidence to obtain them (rather than proof beyond a reasonable doubt).

If you are involved in a custody matter in which abuse allegations have been made, or you are interested in learning more about child custody in Pennsylvania in general, contact Tanner Law at (717) 731-8114 to schedule a consultation with one of our attorneys.