The law related to divorce, support, and custody in Pennsylvania will be undergoing quite a few
changes over the next few months including a new law allowing arbitration in these matters, and
a new law aimed at protecting children from abuse. This blog post discusses Kayden’s Law and
future blog posts will address other changes to the law.
Who was Kayden?
Kayden was a seven-year-old who was tragically killed by her father in a murder suicide in
2018. Kayden’s parents had been involved in a custody dispute prior to her death and her father
had a history of violence although he had not been violent toward his daughter. Her death
occurred after her father was granted unsupervised custody.
What is Kayden's Law?
Kayden’s Law seeks to strengthen the protection for children in situations where there is a
history of abuse. Among other things, where there is a history of abuse, the law requires the
court to state the reasons why unsupervised custody is in the child’s best interest. Where the
court finds that there is an ongoing risk of abuse, there is a rebuttable presumption that the
party who poses the risk will only be allowed supervised physical custody. There is also a
requirement that the court favor professional supervised physical custody as opposed to
supervision by a non-party.
These requirements, particularly those which favor professional supervised physical custody,
mark a significant departure from previous practices. While the law has not yet taken effect,
some practitioners are concerned that there will be a long wait-time for professional supervised
custody or that it will not be financially feasible for many litigants. While there is an exception in
the law where services are not available, it is not yet clear how often that exception will be
applied.
For more information about how Kayden's Law may affect your family law matter, please do not
hesitate the family law team at Walters & Galloway. We are here to provide guidance and
support tailored to your unique circumstances. As we navigate the complexities of family law, we
remain dedicated to providing compassionate and knowledgeable legal representation to
families throughout Pennsylvania.
