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Kyra's Law Awaits Governor Hochul's Decision as New York Weighs Major Custody Reform

By Burstable Editorial Team•
New York's Kyra's Law, which would impose faster hearings and broader evidence rules in custody cases involving abuse allegations, awaits Governor Hochul's decision and could significantly alter family court proceedings.
Kyra's Law Awaits Governor Hochul's Decision as New York Weighs Major Custody Reform

Ten years after 2-year-old Kyra Franchetti was killed by her father during a court-ordered unsupervised visit, the bill bearing her name awaits 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."

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. has served families and individuals in New York and New Jersey since 1975. It became a family firm in 1985, when Barry S. Kantrowitz joined his father, co-founder Walter L. Kantrowitz. Each attorney focuses on a specific area of law. The firm's lawyers are also litigators, authors, lecturers, and TV and radio hosts. Founding partner Paul Goldhamer leads the divorce and matrimonial practice, where clients know him for the patience and compassion he brings to custody, support, and property disputes. The firm also handles personal injury, class action, employment, estate, and real estate matters from offices serving Rockland and Bergen counties.

The implications of Kyra's Law are significant. For parents involved in custody disputes, the expedited timeline and expanded evidence rules mean they must be prepared earlier and more thoroughly. For the legal system, the bill introduces mandatory training for judges and a presumption against unsupervised custody for parents deemed a risk, potentially reducing tragic outcomes. As Governor Hochul weighs her decision, families and legal professionals across New York are watching closely, aware that the bill could reshape how custody cases are handled for years to come.

Burstable Editorial Team

Burstable Editorial Team

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