Kayden's Law Pennsylvania Custody

If you are filing for custody in Pennsylvania — or already have a case open — two recent laws have changed how courts evaluate your case. Kayden's Law (Act 8 of 2024) and Act 11 of 2025 rewrote the rules judges use to decide custody, and the changes matter especially for grandparents and relatives who stepped in because a child was unsafe.

What Kayden's Law Changed

Kayden's Law, named after Kayden Mancuso, took effect on August 13, 2024. It amended 23 Pa.C.S. Chapter 53 — the Child Custody Act — in three significant ways:

1. Safety factors carry more weight. Courts must now give "substantial weighted consideration" to factors directly affecting child safety when evaluating the best-interest analysis under § 5328(a).

2. Rebuttable presumption for supervised custody. Under new § 5323(e.1), if a party establishes by a preponderance of evidence that there is an ongoing risk of abuse, the court must presume that physical custody should be supervised. The accused party can rebut this presumption with their own evidence, but the default shifts toward protection.

3. Mandatory abuse history verification. Each party must file a Criminal Record and Abuse History Verification (Form 3) under Pa.R.C.P. 1915.3-2, disclosing required history about the party and adult members of that party's household. This was technically required before, but Kayden's Law made enforcement stricter and expanded the disclosure's scope to household members.

What Act 11 of 2025 Added

Effective August 29, 2025, Act 11 (originally HB 378) reorganized and streamlined the § 5328 factor list:

• Reorganized the original factor list into 14 operative factors across 19 numbered slots
• Deleted redundant language while keeping every substantive safety consideration from Kayden's Law intact
• Added a mandatory notice requirement: courts must serve a physical copy of § 5328 to all named parties within 30 days of initial custody filings

That last point matters if you are filing without a lawyer. The court is required to provide the named parties with the list of factors the judge will use to decide the case, so they know what evidence may be relevant.

The Safety Factors That Carry Extra Weight

Under the reorganized § 5328(a), the factors that receive "substantial weighted consideration" include:

• Which party is more likely to ensure the child's safety
• Present and past abuse by a party or any household member
• Information regarding child abuse history or protective services involvement
• History of violent or assaultive behavior

For grandparents who filed because a parent's behavior put the child at risk, these safety factors are your strongest evidence. Document everything: police reports, CYS referrals, PFA orders, hospital records, school attendance records, and communication records showing the parent's pattern of behavior.

The CY1002 Form (Pa.R.C.P. 1915.3-3)

Effective July 1, 2025, Rule 1915.3-3 operationalized a new verification requirement. Courts now evaluate whether any party or household member has documented child abuse history or protective services involvement through county Children, Youth, and Families agencies, using a standardized CY1002 form.

This is separate from the self-reported Form 3. Under the rule, courts evaluate whether parties or household members have documented child-abuse history or protective-services involvement, using the CY1002 process with county agencies. You do not fill out the CY1002 yourself.

How Non-Professional Supervisors Work Under Kayden's Law

If the court orders supervised physical custody and designates a relative or family friend (rather than a professional agency) as the supervisor, that person must sign an affidavit acknowledging their legal duties. In Allegheny County, for example, this is called the Affidavit of Accountability: Non-Professional Supervisor.

If you are named as a supervisor, take this seriously. The affidavit acknowledges the legal duties you accept while supervising the parent's time with the child.

What This Means for Your Case

If you are a grandparent or relative who stepped in because a child was in an unsafe situation, the post-Kayden's Law framework works in your favor — but only if you bring the evidence. Judges cannot weigh safety factors substantially unless you present concrete, documented proof of the risk.

If the parent has no abuse history and no safety concerns, the court still evaluates all 14 factors. A grandparent does not automatically win simply because Kayden's Law exists. You need to show that the custody arrangement you are requesting serves the child's best interests across the full factor analysis.

Our Pennsylvania Guardianship and Custody Court Process Guide walks through the complete § 5328 factor list and explains how to organize your evidence for each one — from safety documentation through community ties and parental cooperation.

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