New York's approach to custody disputes may be on the verge of a significant shift. Kyra's Law, a bill that mandates family and supreme court judges to treat credible claims of domestic violence or child abuse as a threshold safety question, passed both chambers of the State Legislature in early June 2026. It now awaits Governor Kathy Hochul's signature, which she has until the end of the year to decide. If enacted, the law would compel judges to weigh allegations of abuse or violence before considering other factors in custody decisions, and it would limit reliance on disputed psychological theories historically used to discredit parents who raise such concerns.
The legislation is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016. Her mother, Jacqueline Franchetti, spent nearly a decade advocating for the reform. New York would join a small group of states with similar safety-first custody laws, signaling a growing national trend toward prioritizing child safety in family court proceedings. For parents involved in custody battles, this could mean that evidence such as police reports, medical records, text messages, photos, and orders of protection may carry more weight early in a case. As a New City, NY family law lawyer can explain, understanding how to present such evidence becomes critical if the law takes effect.
The implications extend beyond individual cases. By requiring a preliminary safety review, the law aims to prevent tragedies like Kyra's death by ensuring that credible abuse claims are not sidelined during lengthy custody evaluations. It also addresses concerns about parental alienation claims that sometimes overshadow legitimate safety risks. However, critics may argue that the law could complicate custody proceedings by introducing additional evidentiary hurdles. Nevertheless, supporters view it as a necessary safeguard for children and protective parents. Families dealing with abuse inside a custody case often need to act swiftly to protect their children and their rights, and this law could provide a more structured path for doing so.
Even without the new law, the fundamentals of a strong custody case remain unchanged. New York courts decide custody based on the best interests of the child standard, evaluating each parent's stability, the child's needs, and the home environment each parent can provide. Preparation is key: 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, where presentation matters. Legal professionals at firms like Kantrowitz, Goldhamer & Graifman have navigated these matters for four decades, offering guidance tailored to each family's situation. Attorney Brandon W. Rothstein, selected to the Super Lawyers list, emphasizes a comprehensive approach that balances safety concerns with long-term parenting goals. As Kyra's Law awaits the governor's decision, its potential enactment underscores a broader movement to reform custody laws nationwide, with New York possibly at the forefront of protecting children from preventable harm.
