New York may soon implement a significant change in how its courts handle custody disputes when a child's safety is at risk. Kyra's Law, a bill that passed both chambers of the State Legislature in early June 2026, now awaits Governor Kathy Hochul's signature. The proposed legislation would require family and supreme court judges to treat credible allegations of domestic violence or child abuse as a threshold safety question, meaning these claims must be evaluated before other factors in custody determinations.
The law is named after Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016. Her mother, Jacqueline Franchetti, advocated for nearly a decade to bring about this reform. If enacted, New York would join a small number of states with similar safety-first custody laws. The governor has until the end of the year to decide on the bill.
For parents involved in custody battles, this shift could have profound implications. Under Kyra's Law, evidence such as police reports, medical records, text messages, photos, and orders of protection may become central to an initial safety review. A New City, NY family law lawyer can help parents understand how to present such evidence effectively. The bill also limits reliance on disputed psychological theories that have been used to discredit parents raising abuse concerns.
Even if the bill does not become law, the fundamentals of a strong custody case remain unchanged. New York courts decide custody based on the best interests of the child, considering each parent's stability, the child's needs, and the home environment. Proper preparation—clear records, a realistic parenting plan, and a focus on the child—remains essential. When parents cannot agree, child custody and visitation issues often go before a judge, where presentation matters greatly.
Families dealing with abuse inside a custody case may need to act swiftly to protect their children and rights. Legal professionals at Kantrowitz, Goldhamer & Graifman, with four decades of experience from their New City office, assist parents in navigating these complex matters. Attorney Brandon W. Rothstein, selected to the Super Lawyers list, emphasizes a comprehensive approach that addresses safety concerns and long-term parenting goals.
The passage of Kyra's Law marks a critical moment for New York's custody system, potentially prioritizing child safety like never before. Its implications extend to how evidence is gathered and presented, and how courts balance safety with other factors. As the governor considers the bill, parents and legal experts alike are watching closely, aware that this reform could set a new standard for protecting children in custody disputes.
