New York may be on the verge of a significant shift in how its courts handle custody cases when a child's safety is at stake. A bill known as Kyra's Law passed both chambers of the State Legislature in early June 2026 and is now awaiting Governor Kathy Hochul's signature. The legislation would require family and supreme court judges to treat credible claims of domestic violence or child abuse as a threshold safety question, meaning such allegations must be weighed first before other custody factors are considered. The bill also limits how courts can rely on certain disputed psychological theories that have historically been used to discredit parents who raise abuse concerns.
The law is named for Kyra Franchetti, a 2-year-old who was 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 that have enacted similar safety-first custody laws. As of late June, the bill had cleared the Legislature and was awaiting the governor's decision, which she has until the end of the year to make.
For parents involved in custody disputes, the implications are substantial. If Kyra's Law takes effect, the way evidence is presented early in a case could carry more weight. Police reports, medical records, text messages, photos, and existing orders of protection may become central to an initial safety review. Attorneys, such as a New City, NY family law lawyer, can help parents gather and organize such evidence, while also defending against false accusations. Families dealing with abuse inside a custody case often need to act quickly to protect both their children and their rights.
Regardless of whether the bill becomes law, the fundamentals of a strong custody case remain the same. New York courts decide these matters under the best interests of the child standard, which evaluates each parent's stability, the child's needs, and the home environment each parent can provide. Thorough preparation—clear records, a realistic parenting plan, and a focus on the child rather than parental conflict—is crucial. When parents cannot agree, child custody and visitation issues often end up before a judge, and how each side presents its case can be decisive.
The potential impact of Kyra's Law extends beyond individual families. By prioritizing safety allegations, the legislation aims to prevent tragedies like Kyra Franchetti's death. It also signals a broader shift in how the legal system treats domestic violence and child abuse in custody proceedings. For attorneys and courts, the change would require adjustments in how cases are evaluated and evidence is handled. For parents, it underscores the importance of early documentation and legal guidance. As the governor weighs her decision, families across New York are watching closely, aware that the outcome could alter the landscape of custody law for years to come.
