New York's approach to child custody could be fundamentally altered if Governor Kathy Hochul signs Kyra's Law, a bill that passed both chambers of the State Legislature in early June 2026. The legislation would require family and supreme court judges to treat credible allegations of domestic violence or child abuse as a threshold safety question, meaning such claims must be weighed before other factors in custody determinations. This shift aims to prevent situations where abuse concerns are sidelined in favor of parental rights or disputed psychological theories. The bill also restricts courts from relying on certain discredited psychological concepts that have historically been used to undermine parents raising abuse concerns.
Named after Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016, the law represents nearly a decade of advocacy by her mother, Jacqueline Franchetti. If enacted, New York would join a small number of states with similar safety-first custody laws. The governor has until the end of the year to decide. For parents involved in custody disputes, the implications are significant: evidence such as police reports, medical records, text messages, photos, and orders of protection may carry more weight early in a case. According to Kantrowitz, Goldhamer & Graifman, a New City, NY family law firm, this could change how parents present their cases and how courts evaluate risk.
The bill's passage reflects growing recognition that custody decisions must prioritize child safety. Under current law, New York courts decide custody based on the best interests of the child standard, considering factors like parental stability and the child's needs. Kyra's Law would add a mandatory first step: assessing credible abuse claims before moving to other considerations. This could lead to more protective outcomes for children and greater scrutiny of allegations. However, it also raises questions about how courts will determine credibility and balance the rights of accused parents. Legal experts suggest that proper documentation and early evidence gathering will become even more critical.
For families navigating custody disputes, the potential change underscores the importance of preparation. Whether or not the bill becomes law, a strong case relies on clear records, a realistic parenting plan, and a focus on the child's well-being. As noted by child custody and visitation attorneys, presenting a coherent narrative that addresses safety concerns can make a difference. The firm also emphasizes the need to defend against false accusations, which can be used tactically in court. With four decades of experience, Brandon W. Rothstein, a Super Lawyers-selected attorney, notes that each case requires a tailored approach that considers both immediate safety and long-term parenting goals.
If signed, Kyra's Law would mark a significant shift in New York's custody landscape, potentially setting a precedent for other states. It highlights the tension between protecting children and preserving parental rights, a debate that continues nationwide. For now, parents and legal professionals await the governor's decision, aware that the outcome could reshape how courts handle some of the most sensitive family matters.
