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. 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. The proposed law would require family and supreme court judges to treat credible claims of domestic violence or child abuse as a threshold safety question, meaning those allegations must be weighed first before other factors in a custody decision. The bill also limits 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 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.
For parents in custody disputes, the implications are substantial. If Kyra's Law takes effect, the way evidence is presented early in a case could carry more weight than under current practice. Police reports, medical records, text messages, photos, and existing orders of protection may all 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. Conversely, parents facing untrue accusations meant to gain an edge in court will also need to understand how the new standard could affect their defense.
Even if the bill does not become law, the fundamentals of a strong custody case remain unchanged. 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 makes the difference, including clear records, a realistic parenting plan, and steady focus on the child rather than the conflict between parents. When parents cannot agree, child custody and visitation issues often end up before a judge, and how each side presents its case matters.
Legal professionals note that the proposed law could prompt more parents to seek guidance early in custody disputes. A New City, NY family law lawyer can explain how the changes might apply to individual cases and help parents navigate the heightened focus on safety allegations. The legislation underscores a broader national trend toward prioritizing child safety in custody proceedings, and its passage in New York could influence other states considering similar measures.
As Governor Hochul weighs her decision, parents and attorneys across New York are watching closely. The outcome will determine whether the state adopts a safety-first approach that could alter the dynamics of custody litigation for years to come.
