On April 8 and 9, 2024, the Pennsylvania Senate and House of Representatives signed Senate Bill No. 55. SB 55 which develops a procedure for custody proceedings that ensures greater protection of children. Upon signature by Pennsylvania’s Governor, Josh Shapiro, Kayden’s Law will be enacted.
KingSpry’s Managing Partner and Family Law Attorney, Jessica F. Moyer, details the impact Kayden’s Law will have on child custody proceedings.
Background
Sponsors of Senate Bill No. 55 (“SB 55”), Senators Steven J. Santarsiero and Lisa Baker, emphasize the importance of establishing Kayden’s Law in Pennsylvania in their memorandum. Its passage allows the Commonwealth to better protect children during custody proceedings.
In 2018, seven year old, Kayden Mancus, was murdered by her biological father during a court-ordered visit. According to Senators Santarsiero and Baker’s memorandum, Kayden’s father underwent a psychological evaluation during the child custody proceedings, which found that he had suicidal thoughts, depression and violent tendencies.
Despite such findings, the court granted the father unsupervised visits with Kayden, contingent on the father’s receipt of mental health treatment. Senators Santarsiero and Baker emphasize the fact that the tragedy experienced by Kayden is not a rare occurrence. They note that in every four thousand (4,000) domestic court cases, the abuser wins custody or unsupervised visitation eighty-one percent (81%) of the time.
Purpose of Kayden’s Law
Kayden’s Law strengthens the factors that judges consider when determining custody and visitation rights during child custody proceedings. Specifically, it emphasizes that the most important issue during child custody proceedings is the protection of the child.
“The health and safety of all children in this Commonwealth must be the first priority in all decisions concerning child custody.”
Kayden’s Law ensures that necessary safety conditions and restrictions are implemented during child custody proceedings, particularly when a party involved has a history of abuse or violence.
Its passage also encourages the state Supreme Court to implement an annual training program for judges and court personnel regarding sexual abuse, physical abuse, psychological and emotional abuse, implicit and explicit bias, trauma and neglect, and the impact of child abuse and domestic violence on children.
Safety Conditions
Kayden’s Law expands the factors that a judge may consider when awarding custody, and further, compels the court to implement safety conditions when a party has a history of abusing the child or another household member.
Factors to Consider When Awarding Custody
Now, courts can consider which party is more likely to ensure the safety of the child, as well as any abusive, violent, or assaultive behavior committed by a party when determining custody arrangements.
Effective Date
Upon signature by Pennsylvania’s Governor, Josh Shapiro, Senate Bill No. 55 will be enacted, and Kayden’s Law will take effect in 120 days.
