What Is Kayden’s Law?
In Pennsylvania, Kayden’s Law is an important advancement in protecting child safety within the family courts. The law comes from the tragic case of Kayden Mancuso and attempts to limit the risks to children during visitation and child custody disputes. Below, our Media child custody lawyer outlines the implications of this law on family law proceedings, and what it now requires of the courts.
The Tragic Story Behind Kayden’s Law
Kayden’s Law became necessary after the tragic death of seven-year-old Kayden, who was violently killed by her father, Jeffrey Mancuso, in 2018. During child custody proceedings, Kayden’s mother had urged the court to only allow supervised visitation. Despite Jeffrey’s history of violence and mental health issues, these factors were not considered during hearings. The father was awarded unsupervised visitation and tragically, Kayden lost her life because of it.
Child advocacy groups then championed for changes in the law so similar tragedies did not happen in the future. Governor Josh Shapiro then signed Bill 55 in April of 2024 and Kayden’s Law went into effect on August 15, 2024.
How Does Kayden’s Law Impact Child Custody and Visitation
Also known as the Family Violence Act, Kayden’s Law significantly affects child custody arrangements in Pennsylvania. The law outlines factors family law judges must consider such as parental capabilities, emotional needs, and a history of neglect or abuse when deciding on child custody issues. The law also requires comprehensive background checks to recognize possible risks, and requires courts to hear expert testimony in any child custody case that involves alleged abuse.
Kayden’s Law also outlines many different options for child custody, while still aiming to safely maintain the child’s relationship with each parent. Under the law, supervised, unsupervised, and virtual visitation are provided for. If there are questions about whether either parent is able to provide a safe environment, supervised visitation may be ordered.
Requirements for Risk Assessment
To ensure children are safe during divorce proceedings, Kayden’s Law also requires risk assessments to be conducted. This requires a thorough analysis of each parent’s background, including any history of criminal activity, substance abuse, or domestic violence. The law is intended to give the court a report that details any potential risks to the child’s welfare.
The court will appoint a risk assessment evaluator, who is typically a social worker or psychologist, to conduct in-depth interviews with each parent and the child, if appropriate. The purpose of these interviews is to obtain additional information. Risk assessment evaluators can also analyze school reports, medical records, and any previous legal documentation related to the dynamics of the family.
Our Child Custody Lawyer in Media Can Help with Your Case
Child custody disputes always have the potential to be stressful, but this is even more likely when there are accusations of violence, abuse, or neglect. At Barbara Flum Stein & Associates, our Media child custody lawyer can help you through the process so you and your family are protected. Call us now at 610-565-6100 or contact us online to request a consultation and to learn more about how we can help.
Sources:
casetext.com/statute/pennsylvania-statutes/consolidated-statutes/title-23-pacs-domestic-relations
pacourts.us/learn/representing-yourself/custody-proceedings
