Family Court in Pennsylvania: What Survivors Need to Know (Kayden's Law & Custody)

Pennsylvania family law has undergone its most significant transformation in decades with the full implementation of Kayden's Law in 2024 and 2025. This legislation fundamentally changes how courts handle custody cases involving abuse, mandating that child safety be the paramount factor.¹

Whether you are filing in Philadelphia, Pittsburgh, or a rural county, the law (23 Pa.C.S. Chapter 53) now provides stronger tools to protect you and your children—if you know how to use them.

1. Kayden's Law & The New Custody Factors

Named after Kayden Mancuso, Kayden's Law (Act 88) amended the custody factors under 23 Pa.C.S. § 5328.

• Safety First: The court must now give "weighted consideration" to factors affecting the safety of the child.²

• Expanded Definition of Abuse: The court must look at the abuse history of any household member, not just the parents.³

• Streamlined Factors (Aug 2025 Update): The previously complex list of 16 custody factors has been streamlined to 11, with the first factors explicitly focusing on:⁴

  1. Which party is more likely to ensure the safety of the child.

  2. Present and past abuse committed by a party or household member.⁵

• The "Ongoing Risk" Presumption: If the court finds an ongoing risk of abuse, there is a rebuttable presumption that supervised physical custody is the only safe option.⁶

2. Protection From Abuse (PFA) & New "Pet Protection" (2025)

You can file for a Protection From Abuse (PFA) order at your local Court of Common Pleas.

• New for 2025 (Act 146): As of January 2025, PFA orders can now explicitly include protection for companion animals (pets).⁷ The judge can grant you temporary ownership of the pet and forbid the abuser from harming or taking them.⁸

• Temporary PFA: Granted ex parte (without the abuser present) if you are in immediate danger. It lasts until the final hearing (usually within 10 business days).

• Final PFA: Can last up to 3 years (and can be extended).⁹ It can evict the abuser from the home, grant you temporary custody, and confiscate their firearms.

3. Custody Terminology

Pennsylvania uses specific terms you must know:

• Legal Custody: The right to make major decisions (medical, religious, educational).¹⁰

  • Sole Legal Custody: Survivors often seek this to prevent the abuser from blocking therapy or medical care.

• Physical Custody: Who the child physically stays with.

  • Primary: Majority of the time.¹¹

  • Partial: Less than 50% of the time.

  • Supervised: Time spent only in the presence of a third party (mandated under Kayden's Law if risk exists).

4. Mandatory Mediation & Safety Exemptions

Most counties require mediation (or "conciliation") before you see a judge.

• The Risk: Mediation requires negotiating with the other parent.

• The Exemption: Under Pa.R.C.P. 1940.3, mediation cannot be mandated if there is a past or present PFA order or if you are a victim of domestic violence.

• Action Item: When you file your custody complaint, check the box for "Domestic Violence" on the Criminal Record/Abuse History Verification form to trigger this exemption.

5. Relocation: The Strict Notice Rule

Pennsylvania has one of the strictest relocation laws in the country (23 Pa.C.S. § 5337).

• The Rule: You cannot move the child significantly far away (impairing the other parent's custodial rights) without the other parent's consent or a court order.

• The Notice: You must send a specific "Notice of Proposed Relocation" by certified mail 60 days before the move.

• The Trap: If you flee without this notice, it can be used against you. Exception: If you are fleeing immediate abuse, you can move to a safe location first, but you must file a petition regarding the move ASAP (usually within 24 hours is best practice) to explain the emergency.

6. Child Support & "Good Cause"

• Guidelines: PA uses an "Income Shares" model based on net monthly incomes.

• PACSES & Safety: If you receive cash assistance (TANF), the state automatically sues the other parent for support.

• Good Cause Waiver: You can file a "Good Cause" claim (Domestic Violence Verification Form PA 1747) to stop the state from pursuing the abuser if doing so would put you in danger.

Frequently Asked Questions (FAQ)

Q1: Can I record my spouse to prove abuse?

NO. Pennsylvania is a "Two-Party Consent" state. It is a felony to record a private conversation (phone or in-person) without the other person's permission. Do not rely on secret recordings in court; they will likely be thrown out and you could be charged. Stick to voicemails, texts, and emails.

Q2: What is the "Criminal Record / Abuse History Verification"?

This is a mandatory form you must file with every custody complaint. You must list any involvement with CYF (Child Protective Services) and any criminal charges. Be honest—the court runs its own background check to verify.

Q3: Can I keep my address confidential?

Yes. Pennsylvania has an Address Confidentiality Program (ACP) administered by the Office of Victim Advocate. If enrolled, you use a substitute address in Harrisburg for all legal records. Call 1-800-563-6399 to apply.

Q4: Will I get 50/50 custody?

Not automatically. While 50/50 is common in amicable cases, Kayden's Law requires the court to prioritize safety.12 If you prove a history of abuse, the presumption shifts against unsupervised or shared custody.13

Q5: Do I need a lawyer for a PFA?

It is highly recommended. While you can represent yourself, PFA hearings are formal trials. Pennsylvania Legal Aid Network (PLAN) provides free legal representation to many low-income survivors for PFA hearings.

Q6: What if he violates the PFA?

Call the police immediately. Violation of a PFA is "Indirect Criminal Contempt" (ICC).14 The police can arrest the abuser on the spot.

References & Resources

• PA Legal Aid Network: palegalaid.net (Find your local legal aid office).

• PCADV (PA Coalition Against Domestic Violence): pcadv.org.

• Address Confidentiality Program: 1-800-563-6399.

• Legislation: 23 Pa.C.S. § 5328 (Kayden's Law/Custody Factors), Protection From Abuse Act.¹⁵