In August 2018, Kayden Mancuso, a seven-year-old girl about to enter second grade, was beaten to death by her father in his home near Philadelphia, shortly before he took his own life.
Mancuso's death was the horrific culmination of a custody battle between her parents that resulted in her father being awarded custody of her on alternating weekends and holidays, despite his history of violence, including beating a dog and biting off a man's ear in a fight. There was no evidence, however, that he had ever abused his daughter until he killed her.
The child's murder and the custody agreements that led to it sparked a multiyear effort to overhaul Pennsylvania's custody law and put child safety at the forefront when determining how custody and visitation rights are granted after a child's parents split. Perhaps most importantly, the measure, called Kayden's Law, requires judges to consider a parent's entire behavioral history and criminal record when making custody decisions, even if there are no specific cases of child abuse. When the law takes effect in August, it could result in more parents being able to visit their children only in supervised settings.
Kayden's bill also requires the state Supreme Court to establish annual education and training programs for judges and court personnel on child abuse, domestic violence and other issues and their impact on children.
“You have to consider abuse in general, not just abuse toward the child,” says Kristen Anders Bojarski, a family law attorney in Upper St. Clair.
When the bill passed the General Assembly earlier this year, State Senator Steve Santasiero, a Bucks County Democrat and one of the bill's co-sponsors in the Senate, said the law would ensure that “child safety is paramount in custody cases and that no child is ever placed in a dangerous environment again.”
Under Kayden's Law, seven other crimes must be considered when determining the type of custody a parent is entitled to. These include simple assault, recklessly endangering another person, cruelty to animals, animal fighting, possession of items related to animal fighting, and interference with custody.
Other states, such as Maryland, Tennessee, Colorado and California, have passed laws similar to Kayden's law. When the law was first introduced in 2022, the ACLU of Pennsylvania criticized Kayden's law, saying it was too broadly worded. The organization also claimed that limiting a parent's visitation rights due to any type of assault to only supervised visits would drive a wedge between parents and their children, especially those who cannot afford supervised visits. The ACLU later changed its stance, saying that changes in the law clarifying an ongoing risk of abuse, among other things, made it more acceptable.
Sheryl Heid, a family law attorney in Uniontown, said, “Certainly everyone agrees that child safety is of paramount importance, no matter which side you're on,” adding, “I believe the (Fayette County) judges are doing their best to ensure the safety of every child.”
She noted, however, that Kayden's Law could be improved by allocating more money for paid chaperones during parent visits. Fayette County used to have an agency that provided chaperones, but it was eliminated in a round of budget cuts.
Bojarski also said the shortage of paid caregivers, whose hourly wages sometimes reach as much as $50, “will be a problem in Washington County and a concern for us.” The court can allow visits from an unprofessional caregiver, she stressed, but must approve it “if it finds that the person is capable of supervision.”
Joyce Hatfield-Wise, an attorney representing the Greene County Children and Youth Services Department, said, “It is my sincere hope and prayer that the changes brought about by this law and by every child abuse that comes to our attention will make every child safer.”
She continued, “I have read some reviews and critiques, and while no law or court is perfect, we are all called to do what is best for the child before us.”
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