When families separate, the courts face one of their most critical responsibilities: determining custody arrangements that protect children while respecting parental rights. Beginning in 2024 and stretching to this year, legislators across the United States have recognized that traditional approaches to family law often failed to adequately safeguard children, particularly in cases involving domestic violence, substance abuse, or other safety concerns. The result has been a wave of new legislation that fundamentally changes how courts assess risk and prioritize child safety in custody proceedings.

These changes represent more than minor adjustments to existing law. They signal a profound shift in how the legal system understands family dynamics, recognizes different forms of abuse, and protects vulnerable children. For families navigating divorce or custody disputes, understanding these new safety standards isn’t just helpful—it’s essential.

The Expanding Definition of Domestic Violence

One of the most significant developments in family law has been the recognition that domestic violence extends far beyond physical harm. States across the nation have updated their legal definitions to include psychological abuse, financial control, and what experts call “coercive control”—a pattern of dominating behavior designed to trap and isolate victims.

Massachusetts became a leader in this movement by adding coercive control to its definition of abuse in 2024. The new law defines it as a pattern of behavior intended to threaten, intimidate, harass, isolate, control, or coerce compliance from a family or household member. This includes isolating someone from friends and relatives, depriving them of basic needs, controlling their movements and finances through technological means, and compelling them to engage in or abstain from specific behaviors.

The tragic case of Mica Miller in South Carolina illustrates why these changes matter. Miller, who died by suicide in April 2024, had recently filed for separation from her husband, a pastor. According to her family and attorney, she experienced systematic coercive control: being cut off from loved ones, deprived of sleep, having her electronics hacked, her whereabouts tracked, her belongings stolen, her tires slashed, and her access to bank accounts removed. While traditional domestic violence laws might not have captured the full pattern of this abuse, the newer frameworks recognize these tactics as serious threats to victim safety.

Pennsylvania’s Comprehensive Safety Overhaul

Pennsylvania implemented sweeping reforms in 2024 that establish new protections for children in custody cases involving abuse. The new law requires courts to provide a series of safety conditions whenever there’s a finding of abusive history or present risk of harm to a child or household member.

Under the new provisions, if a court finds by a preponderance of evidence that there’s an ongoing risk of abuse to a child, there’s now a rebuttable presumption that the court shall only allow supervised physical custody between the child and the party who poses the risk. This represents a significant shift from previous standards that often granted unsupervised access even when abuse concerns existed.

When determining custody in Pennsylvania, courts must now give substantial weight to specific safety-related factors, including which party is more likely to ensure the child’s safety, any history of abuse committed by a party or member of their household, past or current protection orders where abuse was found, consideration of child abuse and involvement with protective services, and any violent or assaultive behavior.

The law also addresses supervised visitation requirements in detail, including regular reviews of the risk of harm and the need for continued supervision. Courts must now clearly explain why their custody arrangements are in the child’s best interest and, if unsupervised custody is ordered to someone with an abuse history, the specific reasons why that arrangement serves the child’s welfare.

California’s Multi-Layered Protection Strategy

California has been particularly active in strengthening protections for children in custody cases. The state expanded what counts as domestic violence, with courts now examining financial abuse, emotional manipulation, and coercive control when making custody decisions. Previously, the focus was primarily on physical violence.

Piqui’s Law (SB 331), signed in October 2023 and implemented in 2024, prohibits family court judges from ordering children into unregulated reunification programs that have faced criticism for forcing children to recant abuse claims. The law also mandates special training for judges and witnesses in child custody cases, ensuring they have a deeper understanding of domestic violence and its impact on children.

California’s 2025 legislative changes create a rebuttable presumption against awarding custody or unsupervised visitation to a parent with a documented history of domestic violence. This means the court will assume it’s not in the child’s best interest unless the abusive parent can prove otherwise with evidence of rehabilitation and safety measures.

The state also now requires all custody evaluators to complete additional training in trauma-informed practices and child development. This includes examining how proposed custody schedules may impact a child’s therapy, school performance, and relationships with extended family. Courts have new authority to order co-parenting counseling or communication apps to reduce conflict between parents.

Firearm Restrictions and Protective Orders

The intersection of firearm access and domestic violence has received unprecedented attention in family law. California’s AB 2759 strengthens the enforcement of domestic violence protective orders by explicitly prohibiting individuals subject to these orders from possessing firearms. Key provisions include mandatory surrender of firearms immediately upon issuance of a protective order, coordination with law enforcement to ensure compliance, and regular reporting mechanisms to track adherence.

New 2025 protections implement a 24-hour surrender requirement following any qualifying domestic violence conviction or restraining order. Gone are the 30-day grace periods that previously left victims vulnerable. Judges can now order immediate surrender during court proceedings, with officers standing by to collect weapons before the offender even leaves the courthouse.

The penalties for non-compliance have also become significantly more severe. Those who help domestic abusers hide weapons face accomplice charges with similar penalties, sending a clear message that society no longer tolerates armed domestic abusers.

California courts must now consider illegal firearm possession and associated risks when issuing ex parte custody orders. This includes assessing whether limiting or suspending visitation is necessary for the child’s safety. Under amended Family Code Sections 3044 and 6389, effective January 2026, courts can consider violations of firearm restrictions when determining custody arrangements in cases involving domestic violence.

Safe Custody Exchange Programs

Recognizing that custody exchanges can be dangerous flashpoints for violence, Florida implemented the Cassie Carli Law in 2024. Named after a victim of domestic violence, this law gives survivors an extra layer of security when meeting with abusers at custody exchanges by establishing designated safe exchange locations.

These supervised exchange sites, often at law enforcement facilities, allow parents to transfer children without direct contact. One county sheriff encouraged any parent or child who may be at risk to use these safe exchange spots, emphasizing that the law intends to protect anyone in a high-risk or high-conflict family situation—not just documented domestic violence survivors.

The Hope Card Program

Florida joined several other states in implementing the Hope Card program in 2024, following the lead of Idaho, Illinois, Indiana, Montana, New York, and Virginia. The Hope Card program empowers domestic violence survivors while assisting law enforcement in verifying that a protective order is in place.

The sooner law enforcement can confirm information from a Hope Card, the faster they can respond to violations. One Leon County sheriff reported that his office had already responded to 660 reports of domestic violence in just the first ten days of October 2024, highlighting the urgent need for streamlined verification systems.

The program addresses a practical problem survivors have long faced: carrying protective order paperwork everywhere they go. With a Hope Card, verification becomes simple and immediate, potentially saving lives during critical moments when every second counts.

Maryland Codifies Custody Factors

Maryland House Bill 1191, which goes into effect on October 1, 2025, codifies for the first time a comprehensive list of specific factors courts must consider when determining custody arrangements. While some factors were already established through case law, having clear statutory guidelines provides more predictability for families.

The new law includes 16 detailed factors that emphasize child-focused considerations, including the child’s developmental needs, the parents’ ability to meet those needs, the capacity of parents to act in the child’s best interest, and protecting children from exposure to conflict and violence. The law also requires courts to consider evidence of abuse and, when abuse is found, to make custody arrangements that best protect both the child and the victim.

Virtual Visitation Recognition

California’s Senate Bill 599, which passed into law, requires courts to be more specific when writing custody and visitation orders, particularly in cases involving abuse or substance use allegations. A significant innovation is that courts now recognize virtual visitation as a real, enforceable option.

This means FaceTime or Zoom calls can officially count as parenting time, whether supervised or not, depending on the situation. For families where in-person contact poses safety concerns or where distance makes regular physical visitation challenging, this recognition provides important flexibility while maintaining parent-child connections.

Training Requirements for Court Personnel

Recognizing that family court professionals need specialized knowledge to properly assess safety risks, California now mandates enhanced training for family conciliation court evaluators. The training focuses on domestic violence, child abuse, and trauma-informed practices—essential knowledge for anyone making recommendations that will affect children’s safety and wellbeing.

This training requirement acknowledges that evaluating custody cases involving abuse requires different skills than standard custody evaluations. Understanding trauma responses, recognizing manipulation tactics, and assessing the long-term impact of exposure to violence are all critical competencies for professionals working in this field.

Technology-Based Abuse Protections

Modern domestic violence increasingly involves technology, and 2025 protective order provisions explicitly cover cyberstalking, online harassment, and monitoring through smart devices. Abusers can no longer just stay away physically—they’re legally required to keep their digital distance too.

Courts can now order the immediate disconnection of shared digital accounts during the protective order process. This addresses real-world situations where abusers use technology to maintain control, such as remotely manipulating smart home devices or tracking victims’ locations through shared accounts or devices.

One survivor described how her ex-partner used to change her thermostat remotely to freeze her out during winter. The new protections finally gave her back control of her own home, illustrating how technology-focused provisions address genuine safety needs that traditional protective orders couldn’t address.

Coercive Control in Custody Determinations

The legal system’s growing recognition of coercive control represents perhaps the most fundamental shift in how courts understand domestic violence. As Joan Meier, a law professor and domestic violence expert, explains, she and others struggled for decades to get judges to understand the importance of non-physical abuse patterns when assessing cases.

Almost all of the new state laws add coercive control to domestic violence definitions in civil or family court, compelling judges to consider these patterns when making decisions about child custody or protective orders. Only Hawaii has directly criminalized coercive control so far, making it a petty misdemeanor as part of a five-year pilot program, but the civil protections represent significant progress.

Research consistently shows that coercive control is a known risk factor for abuse that can escalate to assault and even murder. By recognizing these patterns early, courts can intervene before violence escalates, potentially saving lives.

What Families Need to Know

These legislative changes create both opportunities and challenges for families involved in custody disputes. Parents seeking protection for their children now have stronger legal tools available, but they also need to understand how to present evidence of abuse effectively under these new standards.

Documentation has become more important than ever. Courts want to see patterns of behavior, not just isolated incidents. This means keeping detailed records of communications, noting instances of control or manipulation, preserving electronic evidence of harassment or threats, and documenting any impact on children’s wellbeing or behavior.

For parents accused of abuse, these new laws raise the stakes significantly. The rebuttable presumptions against custody in abuse cases mean that defendants must affirmatively demonstrate their fitness and that custody arrangements are safe. This often requires evidence of completed treatment programs, sustained behavioral changes, and robust safety plans.

The Role of Family Law Attorneys

Navigating these complex new legal frameworks requires skilled legal representation. Family law attorneys must stay current with rapidly evolving statutes across different jurisdictions, understand how local courts are interpreting and applying new provisions, know what evidence is required to establish safety concerns under current standards, and advocate effectively for protective measures.

The variations between states can be significant. What works in a California custody case may not apply in Maryland or Florida. Local implementation matters too—Orange County courts have been more aggressive in applying new domestic violence protections than some other California jurisdictions, while courts in different areas are still catching up with training requirements.

Looking Forward

The family law landscape will continue evolving as courts gain experience applying these new safety standards and as advocates identify remaining gaps in protection. Some states are considering additional reforms, including further expansions of coercive control provisions, enhanced training for judges and evaluators, and improved coordination between family courts and criminal justice systems.

For families currently navigating custody disputes or considering separation, these changes underscore the importance of early legal consultation. What worked in custody cases even a year ago might not work today, and strategies that seemed obvious under old laws could backfire under new requirements.

Child safety has always been the stated priority in custody cases, but these new laws provide courts with better tools to identify risks and create protective arrangements. Whether you’re a parent seeking to protect your children from an abusive co-parent or someone facing allegations of abuse, understanding how courts now assess safety in custody cases is essential.

The shift toward recognizing non-physical forms of abuse, strengthening protective order enforcement, restricting firearm access for abusers, and requiring specialized training for court personnel represents a fundamental reimagining of how family law serves children’s best interests. As these laws continue to develop and courts gain experience applying them, families can hope for better outcomes that truly prioritize child safety while respecting parental rights.

If you’re facing custody concerns involving safety issues, consulting with experienced family law attorneys in San Jose can help you understand how these new protections apply to your situation and what steps you can take to ensure your children’s wellbeing throughout the legal process.