Ten years after 2-year-old Kyra Franchetti was killed by her father during a court-ordered unsupervised visit, the bill bearing her name is awaiting Governor Kathy Hochul's decision. Kyra's Law (A6194C/S5998) passed the Senate 60-0 on June 4 and the Assembly on June 5, according to the New York State Senate, and the governor has until the end of the year to act. In August, advocates urging her to sign honored 46 children who have died in New York custody-related cases since 2016, as reported by CBS6 Albany.
For families in Rockland County going through a custody dispute, the bill would bring new deadlines and evidence rules into the courtroom, according to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. Parents on either side of an abuse allegation would need to be ready much sooner than they are today. The firm's family law lawyer in New City, NY provides counsel and representation to parents on custody, visitation, divorce, and related family court matters.
How Kyra's Law Would Change Custody Cases
1. Faster hearings. Courts would have to hold an evidentiary hearing within 20 court days of a credible allegation of domestic violence or a risk to a child's safety.
2. Broader evidence. Judges would review order of protection and sex offender registries, police reports, and evidence of abuse patterns, without requiring formal certification.
3. Limits on unsupervised time. A rebuttable presumption would bar unsupervised custody for a parent found to pose a substantial risk to the child, and courts would appoint an attorney for the child when safety allegations are facially credible.
4. Required judicial training. Judges would complete domestic violence and child abuse training before presiding over contested custody cases.
If signed, the law takes effect 270 days later.
"Whether a parent is raising safety concerns or responding to them, this bill puts evidence at the center of the case, and it moves fast," said Paul Goldhamer, founding partner of the firm. "Parents should start gathering records now, including police reports, messages, and medical documentation, rather than waiting until a hearing is scheduled."
The implications of this legislation are significant for New York families, legal professionals, and the broader child welfare system. If signed, the law would fundamentally alter how custody disputes involving domestic violence or child safety concerns are handled, prioritizing expedited judicial review and comprehensive evidence. This could lead to safer outcomes for children at risk, but it also places new burdens on parents and attorneys to prepare cases quickly. The bill's passage with overwhelming bipartisan support in the legislature signals strong momentum, yet Governor Hochul's decision remains pivotal. For now, families and advocates await a signature that could prevent future tragedies like Kyra's.
