A bill named Kyra's Law has passed both chambers of the New York State Legislature and now awaits Governor Kathy Hochul's signature, marking a potential shift in how courts handle custody cases involving allegations of domestic violence or child abuse. The bill, passed in early June 2026, would require family and supreme court judges to treat credible claims of domestic violence or child abuse as a threshold safety question, meaning these allegations must be weighed first before other factors in custody decisions. The law also limits reliance on certain disputed psychological theories that have historically been used to discredit parents raising abuse concerns. Governor Hochul has until the end of the year to decide whether to sign the bill into law.
The legislation is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016. Her mother, Jacqueline Franchetti, spent nearly a decade advocating for the reform. If enacted, New York would join a small group of states with similar safety-first custody laws. For parents involved in custody disputes, the change could mean that evidence such as police reports, medical records, text messages, photos, and orders of protection becomes central to an initial safety review. According to a New City, NY family law lawyer, this shift may require parents to present such evidence earlier and more comprehensively.
The implications extend beyond procedural changes. Families dealing with abuse inside a custody case often need to act quickly to protect both children and their rights. The law aims to prevent tragedies like Kyra's by ensuring that safety concerns are not sidelined. However, it also raises questions about how courts will balance these allegations with the traditional best interests of the child standard, which considers each parent's stability, the child's needs, and the home environment. Legal experts suggest that while the law may streamline safety assessments, it could also lead to more contested hearings if allegations are disputed.
For parents, the basics of a strong custody case remain unchanged: clear records, a realistic parenting plan, and a focus on the child rather than parental conflict. When parents cannot agree, child custody and visitation issues often end up before a judge, where presentation matters. Attorneys at Kantrowitz, Goldhamer & Graifman note that they have handled family law matters for four decades from their New City office, emphasizing a balance of comprehensive service and personalized care. Family law attorney Brandon W. Rothstein has been selected to the Super Lawyers list, a recognition given to a small share of attorneys in the state.
If signed, Kyra's Law would represent a significant change in New York's approach to custody cases, prioritizing safety allegations and potentially altering the dynamics of how evidence is presented and weighed. As the governor's decision looms, parents and legal professionals alike are watching closely, aware that the outcome could set a new precedent for protecting children in contentious custody battles.
