The tragic murder of seven-year-old Kayden Mancuso by her father in 2018 amidst a heated custody battle in Bucks County, Pennsylvania, has catalyzed the drafting of new protective legislation. Kayden was tragically killed by her father, Jeffrey Mancuso, during a court-ordered unsupervised visit, despite her mother’s warnings about his potential danger. The case sparked public outrage and prompted legislative action to prevent similar tragedies.
The Pennsylvania legislation, known as Kayden’s Law, aims to prioritize child safety in custody proceedings. Passed unanimously by the Senate in December 2023 and later approved by the House in a 119-82 vote on March 25, 2024, it now awaits the Governor’s signature. This law promises to transform how child custody cases are handled, especially in situations where child abuse is alleged.
Kayden’s Law introduces several key provisions:
1. Child Protection Priority: The child’s well-being remains the primary concern in all custody decisions. However, the law will strengthen the current factors that judges must consider in making custody and visitation decisions, to make it clear that the most important issue is the protection of the child.
2. Enhanced Review Mechanisms: A dedicated hearing will assess the evidence when child abuse is alleged.
3. Supervised Custody: The law will ensure that if there is a finding by the court of a history of abuse or an ongoing risk of abuse, that any custody order includes safety conditions and restrictions necessary to protect the child. Specifically, if abuse is proven, the abusive parent will only have supervised visitation until they can prove they are no longer a threat.
4. Training for Court Personnel: Mandatory training for legal professionals involved in custody cases will improve their ability to handle child abuse and parental alienation issues. The law also modifies custody evaluation criteria to include a broader range of the parent’s criminal history and redefines key legal terms, expanding the definition of “domestic violence” to “domestic abuse” to encompass all forms of abuse within the home, not just against intimate partners. Both physical and psychological safety of the child will have to be considered as one of the child custody factors. The law will encourage the Supreme Court of Pennsylvania to implement an annual educational and training program for judges and relevant court personnel on child abuse, adverse childhood experiences, domestic violence, and its impact on children.
The enactment of Kayden’s Law is seen as a critical step forward in ensuring child safety in custody cases, reflecting a broader societal acknowledgment of the complexities and dangers potentially present in domestic settings. The updated definition of abuse acknowledges that abuse can take various forms beyond physical violence and may not always be illegal under criminal law.
This legislation not only honors Kayden’s memory but also serves as a protective measure for children across Pennsylvania, emphasizing that their safety is paramount in legal proceedings.
If you are a party to a child custody matter in which the opposing party has a history of domestic violence toward you, your children, or others, a legal consultation will help you understand the changes to the custody statute in Pennsylvania. Call today or email today - (855) 748-8548 or A@PITTLIT.COM.
Read the exact language of the Bill poised to become law altering child custody case handling to increase the weight given to the child’s safety passed the Senate unanimously in December, and on March 25 cleared the House in a 119-82 vote. It is currently awaiting the Governor’s signature.