It’s an unimaginable scenario for many parents, but it happens far too often. A parent who’s battling for custody of their child or maybe upset about the divorce in general takes their anger out on their child – sometimes with fatal results.
Earlier this year, Pennsylvania Gov. Josh Shapiro signed a law that aims to help prevent these tragedies. “Kayden’s Law” is named after a 7-year-old girl who was killed by her father in 2018. Although he had a history of violence toward people and animals, he had reportedly never previously hurt his daughter. Therefore, he was granted limited custody.
What prior offenses should a judge consider?
The new law, which took effect in August, requires judges to look at a parent’s entire criminal history – particularly violent offenses – rather than strictly abuse toward their child before granting unsupervised access to their child. Criminal offenses to be considered include:
- Simple assault
- Reckless endangerment
- Animal cruelty (including animal fighting)
- Child custody interference
In part due to initial resistance by the ACLU of Pennsylvania, the law emphasizes supervised visitation based on an ongoing risk to a child rather than, for example, one assault conviction a parent may have had years ago that didn’t involve domestic violence.
Judges still have discretion in requiring supervised visitation
Because the costs of using a professional visitation supervisor or visitation center are prohibitive for some parents, the law allows judges to approve non-professional supervisors (like clergy or even family members). However, a judge must approve a specific person in writing.
While the new law provides guidance and support to courts, judges still have a good deal of discretion over whether a parent can be alone with their child and who (if anyone) may supervise them if they can’t. That’s why it’s crucial to have experienced legal guidance to make a case for strictly supervised visitation (or in rare cases, no visitation) if you believe your child’s safety and well-being are at stake.