New York may soon overhaul how its courts handle custody when a child's safety is at stake. Kyra's Law passed both chambers of the State Legislature in early June 2026 and now sits on Governor Kathy Hochul's desk. She has until the end of the year to sign or veto it, according to the bill's supporters.
The proposed law would require family and supreme court judges to treat credible allegations of domestic violence or child abuse as a threshold safety question. In practice, a judge would have to weigh those claims first before considering other factors in a custody decision. The bill also limits how courts can rely on certain disputed psychological theories that have been used to discredit parents who raise abuse concerns.
The law 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 signed, New York would join a small group of states with similar safety-first custody laws.
For parents in custody disputes, the change could reshape how they present evidence. Police reports, medical records, text messages, photos, and existing orders of protection may become central to an initial safety review. Attorneys say that early documentation and organization of such proof could carry more weight than under current procedures.
The bill's passage comes amid ongoing debate over how courts balance parental rights with child protection. Supporters argue that prioritizing safety allegations will prevent tragedies like Kyra's death. Critics have not been quoted in the source material, but the bill's limits on disputed psychological theories suggest concerns about past practices that may have minimized abuse claims.
Even if the bill becomes law, the fundamentals of custody cases remain unchanged. New York courts decide matters under the best interests of the child standard, which considers each parent's stability, the child's needs, and the home each parent can provide. Proper preparation—clear records, a realistic parenting plan, and a focus on the child—remains essential, whether parents negotiate or end up before a judge.
Families dealing with abuse inside a custody case often need to act quickly to protect their children and rights. Legal experts note that the way evidence is presented early can influence outcomes. For those navigating child custody and visitation issues, understanding the potential impact of Kyra's Law is crucial. The bill's fate now rests with Governor Hochul, and its signing would mark a significant shift in how New York handles custody cases involving safety concerns.
