CHANGES TO SUPERVISED PHYSICAL CUSTODY IN ABUSE CASES

Pennsylvania legislature has made significant changes to the custody statutes as they pertain to safety of the child.  These changes were based on efforts related to a nation-wide campaig regarding Kayden’s Law. One of the largest changes is regarding supervised physical custody as it pertains to risk of abuse of the child.  

If a court finds by a preponderance (more likely than not) of the evidence that there is ongoing risk of abuse of the child, there is a rebuttable presumption that the court shall only allow supervised physical custody between the child and the party.  A rebuttable presumption means that the court will lean toward supervised physical custody, but a party or the parties may argue that or present evidence that supervised physical custody is not required to insure the safety of the child.  

When determining abuse, an “indicated” report from a child protective agency for physical or sexual abuse is a basis for a finding of abuse under the custody statutes, but only after a new (de novo) review of the circumstances in the finding.  An indicated report is not the only way to determine abuse.  

If the court decides to award supervised physical custody under this section, it shall favor professional supervised physical custody.  Professional supervised custody is “custodial time during which a professional, with education and training on the dynamics of domestic violence, sexual assault, child abuse, trauma and the impact of domestic violence children, oversees the interaction between the child and the individual with those custody rights and promotes the safety of the child during their interaction.”

However, the court can award non-professional supervised physical custody if the court determines that the professional supervised physical custody is not available within a reasonable distance of the parties or the court determines that the party requiring supervised physical custody is unable to pay for the professional services AND the court designates an adult to supervise the custodial visit.  This adult must appear in person before the court, sign an affidavit of accountability, and the court must make a finding, on the record, that the individual is capable of promoting the “safety of the child.” 

It’s important to note that “safety of the child” is a new definition in the revised custody statute.  “Safety of the child” includes, but is not limited to, the physical, emotional and psychological well-being the child. 

To read the full revised statutes, click HERE. You can also read more about Kayden and how her death after a judge allowed unsupervised visitation has spurned the changes in the custody statute.