When Pennsylvania’s Kayden’s Law took effect in 2024, it strengthened the focus on child safety in custody cases. Two years later, its impact continues to shape not only what judges consider when making custody decisions, but also the information parents must provide when they go to court.

An article in the September/October 2026 issue of The Pennsylvania Lawyer examined the changes that have followed Kayden’s Law, including updates to Pennsylvania’s custody factors and court procedures. For parents involved in a custody case, the details can sound complicated. But the underlying idea is much simpler: When courts make decisions about custody, child safety receives significant consideration.

Why Was Kayden’s Law Created?

Kayden’s Law grew out of the tragic death of 7-year-old Kayden Mancuso, who was killed by her father during an unsupervised custody visit in 2018. Her parents had been involved in a custody dispute, and her death led Kayden’s family to advocate for changes to Pennsylvania’s child custody laws. After several years of debate and revisions, Kayden’s Law was signed into law in April 2024 and took effect that August. The law strengthened the emphasis on safety when courts determine what custody arrangement is in a child’s best interests.

More Information Upfront

One of the practical effects of Kayden’s Law can be seen before a custody case even gets very far. When someone files a custody complaint or petition in Pennsylvania, that person must also complete a criminal/abuse history verification form. Changes that took effect in 2025 expanded the information that must be disclosed on the questionnaire.

Parents must now provide identifying information about other members of their household. The list of offenses that must be reported was also updated to include such offenses as simple assault, recklessly endangering another person, interference with custody of children, human trafficking and certain animal cruelty offenses. The form also covers pending criminal charges and certain offenses handled through ARD or another diversionary program that have not been expunged.

For parents, the takeaway is important: The court may be looking not only at your history, but also at potential safety concerns involving other people who live in your home.

16 Custody Factors Became 11

Pennsylvania also changed the factors judges use when deciding custody cases. Previously, judges were required to consider 16 custody factors. In 2025, Pennsylvania reduced that number to 11. While it may sound like the state eliminated some important considerations, the change actually combined and streamlined factors that overlapped or were repetitive. The goal was to make the process more efficient without substantially changing what courts are required to consider. Most importantly, the safety provisions associated with Kayden’s Law remain.

Safety Gets Added Weight

Pennsylvania courts still decide custody based on the best interests of the child. But certain factors involving a child’s safety receive substantial weight. These include which parent is more likely to ensure the child’s safety; past or present abuse by a parent or someone in the household; child abuse and involvement with protective services; and violent or assaultive behavior.

Courts also consider other aspects of a child’s life, including each parent’s ability to provide appropriate care and stability, the child’s family relationships and preference when appropriate, the parents’ proximity and work schedules, and a history of drug or alcohol abuse or relevant mental or physical conditions involving a parent or household member.

In other words, custody decisions still involve looking at the child’s life as a whole. But when there are legitimate safety concerns, those concerns carry considerable importance.

Protecting a Child Matters, Too

Another significant provision addresses a difficult issue that can arise in contentious custody cases. Courts consider whether parents are willing to encourage an ongoing relationship between their child and the other parent when that contact is safe. But what happens when a parent limits contact because of a genuine concern about abuse or safety?

The law makes an important distinction. A parent’s reasonable, good-faith efforts to protect a child or themselves should not be treated as a failure to cooperate with the other parent. Likewise, reasonable efforts to protect a child should not automatically be viewed as an attempt to turn the child against the other parent. That distinction can be particularly important in custody cases involving allegations of domestic violence or child abuse.

What Does This Mean for Parents?

For Pennsylvania parents, the continued impact of Kayden’s Law can be boiled down to a few important points: Be prepared to provide more complete information about criminal and abuse history, understand that the court may consider the history of other members of your household, and recognize that allegations involving abuse, violence or other threats to a child’s safety may receive significant attention.

The 2025 changes may have streamlined Pennsylvania’s custody factors, but they did not undo the protections established through Kayden’s Law. The intent is for courts to continue focusing on the best interests of the child while giving substantial weight to factors affecting child safety.

Every custody case is different. If you are entering a custody dispute – particularly one involving allegations of abuse, criminal charges or other safety concerns – understanding how these rules may apply to your circumstances can be important. Contact us at Williams Family Law for help by phone at 215-340-2207, or email us at info@bucksfamilylawyers.com.