Kyra's Law Passes New York Legislature, Poised to Reshape Custody Cases

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 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. If enacted, the law would require family and supreme court judges to treat credible allegations of domestic violence or child abuse as a threshold safety question, meaning these claims must be evaluated first before other custody factors are considered. The bill also restricts the use of certain disputed psychological theories that have historically been used to discredit parents who raise abuse concerns.

The legislation 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. 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, this proposed change could alter how evidence is presented early in a case. According to a New City, NY family law lawyer, police reports, medical records, text messages, photos, and existing orders of protection may become central to that initial safety review.

Families dealing with abuse inside a custody case often need to act quickly to protect both their children and their rights. The law's passage reflects growing recognition that safety concerns should not be buried beneath other factors. Whether or not 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 considers each parent's stability, the child's needs, and the home each parent can provide. Good preparation—clear records, a realistic parenting plan, and a steady focus on the child rather than parental conflict—makes a difference. When parents cannot agree, child custody and visitation issues often end up before a judge, and how each side presents its case matters.

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 earned selection to the Super Lawyers list, a recognition given to only a small share of attorneys in the state. When brought a custody matter, the firm looks at the full picture, from safety concerns to long-term parenting goals, and builds a plan around what is best for the children.