New York's Kyra's Law (A.6194-C / S.5998) passed both legislative chambers in 2025 and now awaits Governor Kathy Hochul's signature, with a decision expected by year's end. If signed, the law would require family and supreme courts to resolve credible domestic-violence and child-abuse allegations as a threshold safety question before weighing any other custody factor, taking effect 270 days later.
The bill is named for Kyra Franchetti, a 2-year-old killed in 2016 during a court-ordered unsupervised visit with her father, who then took his own life. According to amNewYork, advocates spent nearly a decade pushing the reform after arguing that family courts routinely minimized safety warnings in favor of maximizing parental access. The measure now sits among the most consequential family-law changes New York has considered in years.
| Item | Detail |
|---|---|
| What happened | Kyra's Law (A.6194-C / S.5998) passed both NY chambers, awaits governor's signature |
| When | Passed 2025; Hochul decision due by year's end; effective 270 days after signing |
| Where | New York State (family and supreme courts) |
| Who's affected | Parents in contested custody/visitation cases involving abuse or DV allegations |
| Key statute affected | N.Y. Dom. Rel. Law § 240; § 70 (custody best-interest framework) |
| Practical impact | Courts must decide child-safety threshold first; companion bill funds statewide supervised visitation |
Why this matters legally
Kyra's Law would fundamentally restructure how New York courts sequence custody decisions by making child safety a threshold determination rather than one factor among many. Under current practice, judges apply a holistic best-interest analysis under N.Y. Dom. Rel. Law § 240, weighing dozens of considerations at once — parental fitness, stability, the child's wishes, and the value of a relationship with each parent. Safety concerns can get diluted inside that broad balancing test.
The new framework flips that sequence. Before a court weighs any other factor, it would first have to determine whether credible evidence of domestic violence or child abuse exists — and if so, that finding controls the outcome on access and supervision. This is a structural change, not a rhetorical one. Courts already must consider domestic violence under existing law, but Kyra's Law converts that consideration into a mandatory gateway that other best-interest factors cannot override.
The reform also targets a documented pattern: research cited by advocates found that abuse allegations are frequently discounted in family court when raised by a protective parent, particularly when countered by claims of "parental alienation." By requiring a dedicated safety hearing with specific evidentiary standards, the law aims to close that gap. Understanding child custody frameworks becomes essential for any New York parent navigating a contested case under this potential new standard.
How New York law handles this
New York currently governs custody and visitation primarily through N.Y. Dom. Rel. Law § 70 and N.Y. Dom. Rel. Law § 240, both of which direct courts to decide based on the child's best interests without any automatic presumption favoring either parent. Domestic violence is already a required consideration — Section 240 instructs courts to consider proven domestic violence when it is relevant to the best-interest determination.
Kyra's Law would layer a mandatory threshold onto that existing structure. As described by Spectrum News reporting on the bill, courts would be required to hold an evidentiary hearing on safety allegations before issuing any custody or visitation order, and to make specific written findings. Where credible danger is established, the court must prioritize protection — including supervised or restricted access — over the general policy favoring frequent contact with both parents.
The companion legislation is equally important. It creates a statewide supervised-visitation program, addressing a longstanding practical gap: many New York counties lack accessible, low-cost supervised-visitation centers, which has historically forced judges to choose between unsupervised contact and no contact at all. A funded statewide network gives courts a middle path that keeps a parent-child relationship intact while managing risk. Parents can review how parenting plans and custody evaluations factor into these determinations, and can estimate scheduling impacts using our parenting time calculator.
The 270-day delayed effective date matters for timing. If Hochul signs before December 31, 2025, the law would take effect roughly in the third quarter of 2026, giving courts, clerks, and the Office of Court Administration time to build hearing procedures and stand up the supervised-visitation infrastructure. Cases filed before the effective date would generally proceed under existing rules unless transitional guidance provides otherwise.
Practical takeaways
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Document safety concerns thoroughly now. If your case involves domestic violence or child-abuse allegations, preserve evidence — police reports, medical records, texts, photos, and witness contacts. Under a threshold-safety framework, the quality of your documentation at the first hearing will carry more weight than ever.
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Understand the evidentiary standard. Kyra's Law does not eliminate the requirement to prove allegations; it changes when and how the court evaluates them. Vague or unsupported claims still risk being rejected. Work with counsel to present credible, corroborated evidence.
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Ask about supervised visitation early. If the companion program is funded, supervised access may become a realistic option in counties that previously lacked it. Raise it as an alternative to all-or-nothing access proposals.
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Watch the effective date. If signed, the law applies 270 days later. If your matter is active or upcoming, ask your attorney whether to file before or after the transition and how it affects your strategy.
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Prepare for a two-stage process. Expect a dedicated safety hearing followed by the broader best-interest analysis. This may lengthen timelines but front-loads the most critical determination. Explore a personalized divorce roadmap to map your next steps, and if allegations are involved, consult a New York divorce attorney promptly.
If you are facing a New York custody dispute involving safety concerns, the potential shift under Kyra's Law makes early, informed legal guidance more valuable than ever. A qualified family law attorney can help you gather the right evidence and position your case for the evolving standard.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.