New York's approach to custody disputes may be on the verge of a significant transformation. A bill known as Kyra's Law passed both chambers of the State Legislature in early June 2026 and now sits on Governor Kathy Hochul's desk, awaiting her signature. For any parent involved in a custody fight, the proposed change carries substantial implications. As a New City, NY family law lawyer can explain, the law could alter how courts evaluate safety concerns from the very start of a case.
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 moving on to the other factors that typically inform a custody decision. The bill also limits how courts can rely on certain disputed psychological theories that have been used in the past to discredit a parent who raises abuse concerns. This shift aims to prevent situations where safety allegations are sidelined or dismissed prematurely.
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 pushing for the reform. If the governor signs the bill, New York would join a small group of states that have passed 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.
Custody disputes are hard enough without the added weight of safety concerns. If Kyra's Law takes effect, the way you present evidence 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 first safety review. Families dealing with abuse inside a custody case often need to act fast to protect both their children and their rights. The law's focus on threshold safety could mean that credible allegations are addressed before other custody factors, potentially preventing tragic outcomes.
Whether or not the bill becomes law, the basics of a solid custody case stay the same. New York courts decide these matters under the best interests of the child standard, which looks at each parent's stability, the child's needs, and the home each parent can provide. Good preparation makes the difference. That means clear records, a realistic parenting plan, and steady focus on the child rather than the conflict between parents. When parents cannot agree on their own, child custody and visitation issues often end up before a judge, and how you present your side matters.
At Kantrowitz, Goldhamer & Graifman, we have handled family law matters for four decades from our New City office, and our motto says a lot about how we work: big enough to do it all, small enough to care. 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 you bring us a custody matter, we look at the full picture, from safety concerns to long-term parenting goals, and we build a plan around what is best for your children.
If you are facing a custody dispute or worried about how a change like Kyra's Law could affect your family, reach out for a consultation. We will talk through your situation, explain your options, and help you decide on the right next step. There is no pressure, and the first conversation is confidential.
