New York may soon enact a significant change in how its courts handle custody disputes when a child's safety is at risk. Kyra's Law, a bill that passed both chambers of the State Legislature in early June 2026, now awaits Governor Kathy Hochul's signature. The proposed law 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. It also limits the use of certain disputed psychological theories that have historically been used to discredit parents who raise abuse concerns.
The law is named after Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016. Her mother, Jacqueline Franchetti, advocated for the reform for nearly a decade. If signed, New York would join a small group of states with similar safety-first custody laws. Governor Hochul has until the end of the year to decide.
For parents in custody battles, the implications are substantial. As a New City, NY family law lawyer can explain, the way evidence is presented early in a case could become more critical. Police reports, medical records, text messages, photos, and existing orders of protection may all become central to an initial safety review. Families dealing with abuse inside a custody case often need to act quickly to protect both their children and their rights.
Even if the bill does not become 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 each parent can provide. Preparation is key, involving clear records, a realistic parenting plan, and a focus on the child rather than parental conflict. When parents cannot agree, child custody and visitation issues often end up before a judge, and how each side presents its case matters greatly.
At Kantrowitz, Goldhamer & Graifman, the firm has handled family law matters for four decades from its New City office. Family law attorney Brandon W. Rothstein has been selected to the Super Lawyers list, a recognition given to only a small share of attorneys in the state. The firm examines the full picture, from safety concerns to long-term parenting goals, and builds a plan around what is best for the children.
If Kyra's Law is signed, it would mark a shift in how New York courts prioritize safety in custody cases, potentially preventing tragedies like the one that claimed Kyra Franchetti's life. For now, parents and attorneys alike are watching the governor's decision, which could come at any time before the year's end.
