What is Kayden’s Law and How Does It Apply to Custody Cases?
Kayden’s Law, which is also known as Bill 55, is a Pennsylvania law that was drafted after the tragic death of Kayden Mancuso who was killed by her biological father. It represents a significant advancement when it comes to ensuring children’s safety within the Pennsylvania family courts. The legislation aims to reduce the risks children face during custody and visitation disputes.
Kayden’s Law accomplishes this by introducing strict risk assessment requirements and enhancing training for judges and legal personnel. It further empowers parents to raise abuse concerns while also improving judicial decision-making in custody cases.
How does Kayden’s Law impact child custody cases?
Kayden’s Law provides the legal framework for addressing various forms of family violence including physical, emotional, and psychological abuse. Under the law, victims can seek protective orders, which legally restrain an abuser from making contact with or approaching the victim. Kayden’s Law also establishes support services for victims, such as shelters, counseling, and legal guidance.
Custody and visitation
Kayden’s Law has a profound impact on legal and physical custody arrangements in Pennsylvania. Legal custody refers to the right to make decisions on the child’s behalf. This includes decisions such as education, healthcare, and religious upbringing. Physical custody refers to where the child lives or spends most of their time.
Kayden’s Law includes the means for evaluating factors such as the child’s emotional needs, parental capacity, and any history of abuse or neglect that may be present in the household. Kayden’s Law also requires thorough background checks to identify potential risks to the child and requires the court to consider expert testimony in cases involving allegations of abuse.
Under Kayden’s Law, visitation rights are designed to maintain the child’s relationship with both parents while protecting them from potential harm. The Law further outlines various types of visitation, including supervised and virtual visitation. Supervised visitation can be required in cases where there are concerns about a parent’s ability to provide a safe environment for their child. When determining visitation schedules, the courts will consider several factors including a parent’s past behavior.
Risk assessment requirements
Kayden’s law requires the courts to conduct risk assessments to ensure the safety of children during divorce proceedings. These risk assessments require a thorough examination of each parent’s background, including any history of domestic violence, substance abuse, or criminal activity. The ultimate goal is to provide the court with a detailed report regarding potential welfare risks to the child. The courts employ risk assessment evaluators, who are often court-appointed psychologists or social workers, to gather comprehensive information on the child and their parents. Evaluators can review medical records, school reports, and any legal documentation related to the family’s dynamics. In addition, home visits may be required to assess the suitability of the child’s living environment.
Talk to a Philadelphia Child Custody Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of parents who are navigating complex child custody issues in Philadelphia. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin advocating on your behalf right away.
