Family Violence

While the Pennsylvania custody factors have always considered issues of abuse when awarding custody, along with several other states, in April 2024, Pennsylvania adopted The Keeping Children Safe from Family Violence Act, also known as Kayden’s Law.

The focus of Kayden’s Law is to protect children by expanding upon the factors and issues to be considered when determining custody. While abusive behavior was considered previously, the court now must consider additional violent or assaultive behavior committed by a parent/party, except where the circumstances were strictly to protect a child. This will now include crimes involving animals and simple assault directed at any individual, not just a spouse or child. Allegations of abuse will require an evidentiary hearing irrespective of how old an abuse claim may be. The court must consider any potential for ongoing future risk of abuse to a child. If the court determines that a child is at risk of abuse, only supervised custody will be permitted for that party.