PITTSBURGH, Pennsylvania — Tibbott & Richardson, P.C., a leading family law firm known for its strategic and insightful approach, provides an in-depth look into the enactment of Kayden’s Law in Pennsylvania. This new legislation, which took effect on August 13, 2024, impacts the process of evaluating child custody cases, placing an emphasis on child safety and the criminal history of the parties involved.
Inspired by the tragic case of seven-year-old Kayden Mancuso of Bucks County, Pennsylvania, who died from blunt force trauma at the hands of her father during an unsupervised visitation in 2018, key aspects of Kayden’s Law include:
- Strengthening the factors judges must consider when making custody and visitation decisions, prioritizing the protection of the child.
- Ensuring that if the court finds an ongoing risk of abuse, any custody order includes the necessary safety conditions and restrictions — including supervised visitation — to protect the child.
- Encouraging the Supreme Court of Pennsylvania to implement an annual educational and training program for judges and relevant court personnel on child abuse, adverse childhood experiences, and domestic violence, and the impact on children.
Under Kayden’s Law, the court must consider several crimes when determining the type of custody to give to a parent, including:
- Simple assault
- Recklessly endangering another person
- Cruelty to animals
- Animal fighting
- Possession of items related to animal fighting
- Interference with child custody
While well-intentioned, the legislation also creates complexities, particularly in high-conflict custody cases where parents could manipulate the law to serve their own agendas. “Although Kayden’s Law is designed to protect, it could be misused, with individuals potentially leveraging false PFAs (Protection from Abuse), to influence custody decisions,” explains Beth Tibbott, Family Law Attorney and Tibbott & Richardson, P.C.’s Founding Partner.
Complex custody cases are often high-conflict. The relevant parties in such cases could leverage Kayden’s Law to sway legal outcomes, underscoring the need for skilled and experienced legal representation. Tibbott & Richardson, P.C. is committed to providing clients with the guidance, education and advocacy they need to move through these challenges as they pursue the best possible outcomes.
“We are powerful advocates for our exclusive clientele,” says Tibbott. “Our understanding of high-conflict custody cases allows us to offer informed, passionate advocacy and ongoing education as our legal team partners with our clients in the pursuit of positive outcomes for their cases. We applaud the intentions behind Kayden’s Law and feel compassion for her family and the families of children who have suffered the same fate. Simultaneously, we recognize the potential for parents moving through high-conflict custody cases to distort the spirit of the law in an attempt to achieve their desired outcomes. That’s why we provide ongoing education, transparent communication, and strategic planning for our clients and empower them to move forward as active participants in creating their own futures and protecting their children.”
For more information, visit www.tibbottrichardson.com.
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