New York may be on the cusp of a significant shift in how its courts handle custody cases when a child's safety is at risk. A bill known as Kyra's Law passed both chambers of the State Legislature in early June 2026 and now awaits Governor Kathy Hochul's signature. For parents involved in custody disputes, this proposed change could have profound implications.
Kyra's Law would require family and supreme court judges to treat credible claims of domestic violence or child abuse as a threshold safety question. In practice, a judge would have to weigh those allegations first, before considering other factors that typically inform custody decisions. The bill also restricts how courts can rely on certain disputed psychological theories that have historically been used to discredit parents who raise abuse concerns.
The law is named for Kyra Franchetti, a 2-year-old who was killed by her father during a court-ordered, unsupervised visit in 2016. Her mother, Jacqueline Franchetti, spent nearly a decade advocating for the reform. 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.
Why does this matter for New York parents? Custody disputes are already challenging, and when safety concerns are involved, the stakes are even higher. If Kyra's Law takes effect, the way evidence is presented early in a case could carry more weight than it does now. Police reports, medical records, text messages, photos, and existing orders of protection may all become central to that initial safety review. According to a New City, NY family law lawyer, families dealing with abuse inside a custody case often need to act quickly to protect both their children and their rights.
Regardless of whether 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 is key, involving clear records, a realistic parenting plan, and a steady 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.
For those seeking legal guidance, Kantrowitz, Goldhamer & Graifman has handled family law matters for four decades from its New City office. The firm's motto, "big enough to do it all, small enough to care," reflects its approach. 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 handling a custody matter, 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 could mark a turning point in how New York courts prioritize child safety in custody proceedings, potentially setting a precedent for other states. For now, parents and legal professionals alike are watching closely as the bill sits on the governor's desk.
