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, 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. The bill's passage and pending signature mark a critical moment for New York's family court system, which has faced mounting criticism for failing to protect children in custody disputes.
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. The implication is clear: if signed, the law would fundamentally alter the timeline and evidentiary landscape for custody cases involving domestic violence or child safety concerns, forcing parents and their attorneys to prepare more thoroughly and quickly.
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 urgency in Goldhamer's advice underscores the practical impact: families involved in custody disputes cannot afford to delay preparation, as the new rules could leave them at a disadvantage if they are not ready.
The broader implications extend beyond individual cases. By mandating judicial training and expanding the evidence judges must consider, the law aims to prevent tragedies like Kyra Franchetti's death. It also signals a shift toward prioritizing child safety over parental rights in contested custody matters, a change that could influence how courts balance these competing interests. For now, all eyes are on Governor Hochul, whose decision will determine whether New York joins a growing movement to reform custody laws in the wake of preventable child deaths.
