It’s often difficult to convince a judge that a parent shouldn’t be allowed to spend time alone with their child when a couple is separating or divorcing. The law generally treats the parent-child bond as one that should be protected regardless of what has happened in a couple’s relationship.
A judge’s decision to grant a parent only supervised visitation isn’t made lightly. Sometimes, even parents who have engaged in violence against others have been allowed unsupervised time with their child as long as they didn’t have a history of harming them specifically. In too many cases, this has led to tragedy.
“Kayden’s Law”
One of these tragic cases led to a new law that took effect in 2024. “Kayden’s Law” is named for a 7-year-old girl who was killed by her father. The man had a documented record of violence against people and animals. However, because his past didn’t involve his daughter, he was granted limited custody of her.
Under the law, Pennsylvania judges must now consider a parent’s full criminal history when determining what kind of access they can have to their child – particularly convictions for violent crimes. Even reckless endangerment and child custody interference are to be considered. Crimes involving animal cruelty (including animal fighting) are also among the offenses that can prevent a parent from having unsupervised visitation with their child.
Is there an ongoing risk of harm?
That doesn’t mean that if someone has a record because they got into a bar fight in college, they must see their child only during supervised visits a decade or two later. The law notes that judges should consider whether a parent presents an ongoing risk to their child.
Not all supervised visitation is the same. In some cases, parents are required to go to a licensed visitation center or see their child only in the presence of a professional visitation supervisor. In other cases, however, a judge may allow a specific relative, clergy member or other person to be present during the visits. This may be more common if the concern is that a parent may lack the skills needed to care for the child responsibly – perhaps due to a drug or alcohol problem – but not have any history of violence or anger issues.
Whichever side of the supervised visitation issue you find yourself on during divorce or custody proceedings, it’s important to know the law and to work to do what’s best for your child. Having experienced legal guidance can give you the best chance of prevailing on your child’s behalf.