What is Kayden’s Law?
Kayden’s law, also known as Bill 55, is a piece of legislation aimed at ensuring the safety of children within the Pennsylvania court system. The law was drafted after a tragic event, the death of Kayden Mancuso, a seven-year-old girl from Pennsylvania. Kayden’s family, along with various child advocacy groups, advocated for change that would prevent such tragedies in the future. Their efforts eventually led to the passage of Kayden’s law.
The seven-year-old girl was brutally murdered by her biological father in 2018 during an unsupervised custody visit. Kayden’s father had a documented history of violent conduct and mental health issues. In this case, the court system failed to consider these risks during custody hearings. Despite the fact that her mother gave the court repeated warnings and pleaded with the court to only award supervised visitation, the court granted Kayden’s father unsupervised access which ultimately led to Kayden’s murder. This tragedy stressed the importance of passing comprehensive legislation that would prevent future occurrences.
How does Kayden’s Law impact family court hearings?
The Family Violence Act, often referred to as Kayden’s Law, provides the court system with the legal framework for addressing various forms of family violence. This includes physical, emotional, and psychological abuse. Under Kayden’s Law, victims are empowered to seek protective orders. These orders can legally restrain an abuser from making contact with or approaching the victim. The act further encourages the establishment of support services for victims, such as shelters, counseling, and legal guidance.
Custody and visitation regulations
Kayden’s Law revised how legal and physical custody work in Pennsylvania. Legal custody refers to a parent’s authority to make decisions on behalf of the child such as education, healthcare, and religious upbringing. Physical custody refers to within whom the child lives or spends the majority of their time.
Kayden’s law includes methods for evaluating factors like the child’s emotional needs, parental capabilities, and any history of abuse or neglect when a judge decides custody matters. Kayden’s Law also requires thorough background checks to identify potential risks and requires courts to consider expert testimony in cases involving abuse.
Kayden’s law requires judges to consider supervised visitation when there are concerns about the parent’s ability to provide a safe environment. When determining visitation rights, the court will consider the child’s age, emotional needs, and the parent’s past behavior.
Risk assessment requirements
Kayden’s law enacts several risk assessments to determine the children’s safety during divorce proceedings. The protocols require a thorough examination of each parent’s background. This would include any history of domestic violence, substance abuse, or criminal activity. The ultimate goal is to provide the court with a detailed assessment of potential risks to the child. The risk assessment evaluators are often court-appointed psychologists or social workers. Their role is to conduct in-depth interviews with both parents and the child. Evaluators can also review medical records, school reports, and more. Risk assessment specialists can also conduct home visits to assess the living environment of the children.
Training for judges and legal personnel
Kayden’s law also requires mandatory training for family court judges to improve their understanding of domestic violence and child custody issues. The training is geared toward equipping judges with the knowledge to appropriately handle cases where abuse is a factor.
Talk to a Philadelphia County Divorce Attorney Today
Lauren H. Kane represents the interests of those involved in a divorce in Philadelphia. Call our Philadelphia family lawyers today to schedule an appointment, and we can answer any questions you may have.
