The Pennsylvania Legislature has made substantial updates to the custody laws, which will take effect on August 13, 2024. These updates have been collectively called “Kayden’s Law” and are designed to address the risks of violence towards children.
Kayden Mancuso was a 7-year-old girl who was murdered by her father in 2018 after he was awarded unsupervised custody over her mother’s objection. Even with the evidence presented that Kayden’s father had a history of violence, the court was restrained in their ruling by the fact that there was no history of violence by the father towards Kayden herself. Therefore, the court did not grant the mother’s request that her father’s visits be supervised. It was during one of these unsupervised visits that Kayden’s father took her life. Responding to what was a tragic and surely avoidable outcome, the Pennsylvania Legislature introduced updates to the law to ensure something like this doesn’t happen again.
One major change with Kayden’s Law was that it expanded the list of crimes reviewable by the judge to evaluate the risks of violence and abuse towards children. For example, while the current law notifies the judge of a parent’s conviction for aggravated assault, it does not require notice for simple assault. This means a conviction of simple assault was never even brought to the judge’s attention. With the recent updates, things like this will no longer go unnoticed. The judges are now aware of a more extensive list of violent crimes to trigger a Risk of Harm hearings.
Kayden’s Law will also place more responsibility on the judges, should they decide to allow unsupervised custody when a party has a conviction for a violent offense. Under 23 Pa.C.S.A. §5323, if a parent has convictions for violent offenses listed in the statute and a judge awards that parent unsupervised custody, the judge must include in their order the reasons why unsupervised physical custody is in the best interest of the child.
With the added weight given to violent crimes and abuse, it’s hopeful that children’s safety will be protected. However, with any change in the law, there are always concerns about the risk that parents will try to manipulate the well-meaning language of the law to unfairly take advantage of the other parent. Time will tell how these updates will affect the overall practice of family law as a whole.
It is vitally important that you are represented by competent counsel at every stage of a custody case. If you are considering filing a custody action or have been sued for custody, reach out to one of our custody attorneys at Lancaster Law Group today. We’ll review your case, provide you with legal advice, and prepare to defend you.
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