Kyra's Law Aims to Prioritize Safety in New York Custody Disputes

NEW CITY, NY, September 11, 2026 /CourierPR/ -- Governor Kathy Hochul is poised to sign a landmark bill that will fundamentally alter the way family courts in New York handle custody disputes involving allegations of domestic violence or child abuse. Dubbed Kyra's Law, the legislation passed both chambers of the New York State Legislature in early June 2026 and is now awaiting the governor's signature.

The law, named in memory of 2-year-old Kyra Franchetti, who was killed by her father during a court-ordered, unsupervised visit in 2016, is intended to ensure that any credible claims of abuse are treated as a primary safety concern. Under the proposed changes, judges in family and supreme courts will be required to address allegations of domestic violence or child abuse before considering other factors in custody decisions.

Jacqueline Franchetti, Kyra’s mother, spent nearly a decade advocating for this reform, driven by her desire to protect other children from facing the same tragedy. If signed into law, Kyra's Law would join a select group of states with similar safety-first custody laws. The legislation would also limit the reliance on certain disputed psychological theories that have been used in the past to discredit parents who raise abuse concerns.

"The impact of this law cannot be overstated," said Brandon W. Rothstein, a family law attorney at Kantrowitz, Goldhamer & Graifman. "It means that evidence related to safety concerns, such as police reports, medical records, text messages, photos, and existing orders of protection, will now be prioritized and given significant weight in the initial stages of a custody case."

Attorney Rothstein further emphasized the importance of presenting such evidence early in the process. "The sooner you can provide this evidence, the better the chances of a judge taking it into account," he added.

Under the current best interests of the child standard, courts in New York evaluate custody decisions based on factors such as each parent's stability, the child’s needs, and the home each can provide. However, with Kyra's Law, the focus will shift to prioritizing safety concerns from the outset.

"This isn't just about changing a legal standard; it's about changing the way we protect children," said Rothstein. "Parents facing custody disputes need to be aware of these changes and understand how they can strategically present their case."

For parents navigating custody disputes, the law could significantly impact how their case is handled. "We help parents gather and organize this kind of proof, and we also defend parents who face untrue accusations meant to gain an edge in court," Rothstein explained.

Families dealing with abuse within the context of a custody case often need to act quickly to protect both their children and their rights. "The law is a step forward, but we must ensure that it is effectively implemented to truly make a difference," said Rothstein.

With the governor's decision pending, families and legal experts await the outcome, hopeful that Kyra's Law will bring a greater sense of safety and justice to the custody court process.