Kayden's Law arises out of the 2018 horrific murder of seven-year-old Kayden Mancuso by her biological father, Jeffrey Mancuso. The father wrote a vengeful message on Kayden's body directed to her mother and stepfather and then killed himself. The parties had been involved in a contentious, multi-year child custody proceeding in Bucks County. Pending legislation in Pennsylvania, child custody cases will seek to address this tragedy and protect all children from the dangers of abuse stemming from unsupervised visitation. If you are a party to a child custody case, contact the LLF Law Firm Family Law Team at 888.535.3686.

An Overview of Kayden's Law

The dramatic tragedy of Kayden's murder by a parent who had been granted unsupervised visitation caused a public outcry directed toward the trial judge, the governor, and multiple state legislators. The Pennsylvania General Assembly will consider enacting Kayden's Law sometime in 2024. Once finalized, Kaden's Law will be applied in future Pennsylvania child custody cases whenever there are allegations of abuse of a child

Kayden's Law would amend rules and procedures in child custody cases where child abuse is alleged. It would specify that the most important consideration in custody cases is the protection of the child. It would establish a separate hearing to review evidence after claims of abuse. If abuse is proved, it would require that a court-determined abusive party is limited to supervised custody until that party could show they do not pose a risk to the child's health and safety. Lastly, it would mandate ongoing, evidence-based training programs within courts regarding child abuse issues.

Expected Effects from the Enactment of Kayden's Law

Abuse can be difficult to determine, even with 20/20 hindsight. There was no evidence in the Mancuso's child custody proceedings that Kayden's father Jeffrey had ever abused her at all. Their relationship had been described as loving. Kayden's mother had sought a protective order based on Jeffrey's mental state of depression and evidence of his violent acts, but the requested protective orders were not granted. Consideration of the father's parental rights took precedence over the mother's concerns for their child's safety. Kayden's Law should cause a perceptible shift in child safety in family court decisions.

In a domestic violence case, when child abuse is proved, strict supervised visitation will likely be imposed on the abusive parent. If one parent falsely accuses the other parent of abuse, then the child custody consequences of false testimony will be severe against the false accuser. One thing is certain about Kayden's Law: Allegations of child abuse will raise all the stakes in a child custody proceeding. If you are a party to a child custody proceeding, contact the LLF Law Firm Family Law Team at 888.535.3686.