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Kayden's Law: Pennsylvania Senate unanimously passes bi-partisan bill to reform child custody statute

Published  December 14, 2023 1:40pm EST
Pennsylvania
FOX 29 Philadelphia

Family of Kayden Mancuso remembers her on what would have been her 11th birthday

The family of Kayden Mancuso, whose death at the age of 7 sparked changes in child custody disputes, remembers her on what would have been her 11th birthday.

HARRISBURG - Lawmakers in Pennsylvania unanimously passed a bi-partisan bill known as Kayden's Law that will reform the commonwealth's child custody statute. 

Senate Bill 55 was named after Kayden Mancuso, a Lower Makefield 7-year-old who was killed by her own father in an August 2018 murder-suicide that happened during an unsupervised court-ordered visit at his home in Manayunk.

The bill, according to lawmakers, will strengthen current factors that judges are required to consider when making custody and visitation decisions. They believe this will ensure that the most important issue is protecting the child's well-being. 

"One of the most difficult and wrenching decisions local courts must make is in awarding child custody in divorce cases," Senator Lisa Baker said. "With the passage of Kayden's Law, we are updating the criteria courts must consider before custody of a child is awarded, including adding seven crimes to the list of offenses that must be taken into account when rendering judgment." 

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The bill also ensures that any custody order includes necessary safety conditions and restrictions should the court find an ongoing risk of abuse. These protections include supervised visitations to protect the child, according to lawmakers. 

"Kayden’s Law will ensure the safety of the child is paramount in custody cases and will save children’s lives," Senator Steve Santarsiero said. "No child in Pennsylvania should fear for their safety or be left alone with an abuser. Kayden’s Law will help ensure that never happens again."

Kayden's Law also calls on the Pennsylvania Supreme Court to implement an annual educational and training program for judges and other court workers on child abuse, adverse childhood experiences, domestic violence and its impact on children. 

Kayden Mancuso was 7-years-old when she was killed by her father in a murder-suicide during an unsupervised court-ordered visit.

Sen. Santarsiero credited Kayden's mother, Kathy Sherlock, for her "tireless advocacy" to influence lawmakers to work together on the bill that's been years in the making.

"Kathy’s strength and dedication have continued to motivate me to push for this legislation and get it to Governor Shapiro’s desk to be signed into law," Sen. Santarsiero said. 

The bill will now move to the Pennsylvania House of Representatives for consideration.