Kayden's Law - How Pennsylvania's New Custody Law Prioritizes Child Safety

In 2024, Pennsylvania adopted Kayden’s Law—a major reform that changes how family courts address custody cases where child safety is at risk. The law is named after Kayden Mancuso, a 7-year-old girl from Bucks County who was killed by her biological father during a court-ordered custody visit, despite documented warning signs of abuse.

This tragic case led to national and statewide advocacy, culminating in legislative changes designed to prevent similar outcomes. Here is what parents and attorneys need to understand about Kayden’s Law and how it affects custody decisions in Pennsylvania.

What Is Kayden’s Law?

Kayden’s Law refers to amendments to Pennsylvania’s Child Custody Act, which place greater emphasis on the safety of the child when determining custody and visitation arrangements.

The law does not create entirely new custody categories, but it does add specific requirements for courts to consider when abuse or risk of harm is alleged.

Key Provisions of Kayden’s Law

Under Kayden’s Law, courts must:

• Give strong consideration to abuse findings, including both past and ongoing threats to a child’s safety.

• Provide written findings explaining why any custody decision protects the child from harm.

• Require safety conditions (such as supervised visitation) where there are credible concerns of abuse.

• Mandate training for judges handling custody cases involving abuse or domestic violence.

It also encourages the use of trauma-informed practices and consideration of professional evaluations when making custody determinations.

When Does the Law Apply?

Kayden’s Law applies to any custody proceeding involving allegations of abuse, including:

• Physical or sexual abuse by a parent or household member

• Threats of violence or emotional harm

• A parent's failure to protect a child from known abuse

In such cases, the court must make specific safety findings before awarding any form of unsupervised custody or visitation to the accused parent.

How This Affects Custody Disputes

If you are involved in a custody case where abuse is a concern—either as the accused or the reporting parent—Kayden’s Law changes the framework the court must follow. The “best interests of the child” standard still applies, but safety now carries enhanced legal weight.

Courts are more likely to:

• Require supervised visitation

• Limit overnight visits

• Order counseling or evaluations

• Delay expanded custody until safety concerns are fully addressed

  
  

What Parents Should Do

If you believe your child is at risk, document all concerns and communicate them to your attorney immediately. Do not rely on verbal agreements. If you are accused, understand that the burden will be on you to demonstrate your ability to parent safely, possibly with evaluations or treatment.

Conclusion

Kayden’s Law is a critical shift toward prioritizing child safety in custody litigation. Whether you are seeking to protect your child or responding to an allegation, the stakes are high, and the court’s decisions will be made under stricter standards.

Disclaimer: This blog post is for informational purposes only. It does not constitute legal advice and does not create an attorney/client relationship.

Ludwig, Everett & Tomb, PLLC represents parents in custody matters throughout Indiana County and Western Pennsylvania, with experience handling high-conflict and abuse-related custody litigation.