In 2018, 7-year-old Kayden Mancuso was murdered by her biological father, Jeffrey Mancuso, during a court-ordered visit despite his known mental health issues and history of violence. The court granted Mancuso unsupervised visits contingent on him seeking mental health treatment, disregarding his previous assault convictions and protection from abuse order. Kayden's death is part of a disturbing pattern where courts often grant custody or unsupervised visitation to abusive parents. A review of 4,000 domestic court cases shows that the abuser won 81% of the time.
In response to this tragedy, Senators Steven Santarsiero and Lisa Baker re-introduced Kayden's Law, which was signed into law by Pennsylvania Governor Josh Shapiro on April 15, 2024. The law mandates that judges prioritize child protection in custody decisions, include safety conditions in cases of abuse, and encourages the Supreme Court of Pennsylvania to provide annual training for judges on child abuse and domestic violence. This measure aims to prevent future tragedies by ensuring the legal system better protects children's interests in custody proceedings.
The LLF Law Firm's Family Law Team is comprised of experienced family law attorneys who help parents involved in custody disputes. If your custody situation requires professional legal advice from an experienced lawyer or even intervention, contact the LLF Law Firm today at 888.535.3686 to discuss your situation.
Protect Your Children From an Abusive Parent With a PFA
If your co-parent is abusive and you fear for your children's safety, one of the best ways to protect your children is by filing a Protection from Abuse order.
A Protection From Abuse (PFA) order, also referred to as a Restraining Order, is a legal measure in Pennsylvania designed to safeguard individuals from domestic violence. The PFA order requires the defendant to stop abusing, threatening, or harassing the plaintiff or others in the household, including the children. If the abuser violates the order's terms, they can face serious legal repercussions, including jail time.
PFA orders can also affect child custody and visitation rights. For example, if you have an existing court-approved custody and visitation agreement, a judge issuing a PFA can override the arrangement and grant temporary custody to the victim.
Other Ways to Protect Children From an Unfit Parent
If your co-parent is abusive or otherwise unfit to parent, you can also file for sole physical custody. In Pennsylvania, a sole physical custody arrangement means the child will live with one parent, the custodial parent, for more than 50 percent of the time. The parent without physical custody, called the non-custodial parent, will almost always have regular visitation rights. However, if the custodial parent requests supervised visits, they can show that the non-custodial parent has a history of domestic violence, neglect, or substance abuse issues and that supervised visits are in the child's best interest. Kayden's law should help make it easier to protect children with unfit parents in this regard.
Hire a Skilled Pennsylvania Law Attorney
If you're involved in a child custody proceeding, especially with a co-parent you believe to be unfit, it's crucial to retain an experienced and knowledgeable attorney. The Family Law Team at LLF Law Firm has helped numerous families throughout Pennsylvania craft custody agreements that reflect and protect the child's best interest. We're ready to help you, too. Contact the LLF Law Firm today online or by phone at 888.535.3686.
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