As of June 15, 2026, Kyra's Law formally awaits Governor Kathy Hochul's signature after passing both chambers of the New York Legislature, according to Spectrum Local News. The bill requires New York family and supreme courts to evaluate domestic violence and child abuse allegations as a threshold safety issue before issuing any custody or visitation order. Hochul has until year-end to sign or veto.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Kyra's Law passed both NY legislative chambers and was delivered to Governor Hochul |
| When | As of June 15, 2026; Hochul has until the end of 2026 to act |
| Where | New York State (family and supreme courts statewide) |
| Who's affected | Parents in contested custody cases, especially those alleging abuse or domestic violence |
| Key statute | Amends N.Y. Dom. Rel. Law § 240 custody provisions |
| Impact | Courts must review abuse and DV allegations before issuing custody/visitation orders |
Why this matters legally
Kyra's Law fundamentally restructures how New York courts sequence safety evaluations in custody disputes. Under the bill, courts must treat credible allegations of domestic violence or child abuse as a threshold question — meaning a judge must assess child safety before, not after, weighing other best-interest factors.
The legislation is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered, unsupervised visit in 2016, as reported by Spectrum Local News. The case became a decade-long rallying point for custody reform advocates who argued that New York's best-interest analysis allowed safety concerns to be subordinated to a presumption favoring frequent contact with both parents.
This matters because New York currently has no statutory requirement that judges conduct a dedicated abuse-risk evaluation before granting visitation. Kyra's Law inserts that mandatory checkpoint into the process, changing the order of analysis for thousands of contested cases filed annually.
How New York law handles this
New York custody determinations are governed primarily by N.Y. Dom. Rel. Law § 240, which directs courts to decide custody and visitation according to the best interests of the child. Under existing law, domestic violence is one factor a court "must consider" — but it sits alongside numerous other factors rather than functioning as a gatekeeping inquiry.
New York's best-interest standard, refined by the Court of Appeals in Eschbach v. Eschbach (1982), weighs factors including each parent's stability, the child's wishes, the quality of the home environment, and each parent's ability to provide for the child's emotional and intellectual development. Domestic violence enters this analysis but is not automatically dispositive.
Kyra's Law amends this framework by requiring courts to conduct an evidentiary review of abuse and domestic violence allegations as a precondition to any custody or visitation order. It also addresses the use of expert testimony and limits reliance on disputed psychological theories that have historically been used to discredit abuse claims. Once signed, the law would apply prospectively to custody proceedings in both family court and supreme court matrimonial actions across all 62 New York counties.
Practical takeaways
For New Yorkers navigating or anticipating a custody dispute, the pending law signals important procedural changes. Here is what to know now:
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Document abuse and domestic violence thoroughly. If Kyra's Law takes effect, courts will be required to review these allegations first. Police reports, medical records, photographs, text messages, and orders of protection become central evidence under N.Y. Dom. Rel. Law § 240.
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Understand that the law would apply prospectively. Custody orders already finalized before the law's effective date would generally not be automatically reopened; the new threshold review applies to pending and future proceedings.
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Seek an order of protection separately if you face immediate danger. Family Court Act Article 8 allows you to petition for protection independently of a custody case, and an existing order strengthens the safety record a court must review.
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Preserve a timeline of incidents. Courts conducting a threshold safety review rely on specific dates, locations, and documented patterns rather than general assertions.
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Consult a New York family law attorney before filing. The sequencing changes under Kyra's Law affect how and when you present safety evidence, and strategy differs depending on whether your case is in family court or a supreme court matrimonial action.
Frequently Asked Questions
What does Kyra's Law require New York courts to do?
Kyra's Law requires New York family and supreme courts to review domestic violence and child abuse allegations as a threshold safety issue before issuing any custody or visitation order. As of June 15, 2026, it awaits Governor Hochul's signature and amends N.Y. Dom. Rel. Law § 240.
Has Governor Hochul signed Kyra's Law yet?
No. As of June 15, 2026, Kyra's Law has passed both chambers of the New York Legislature and been delivered to Governor Hochul's desk, but she has not yet signed it. Under New York's legislative process, the Governor has until the end of 2026 to sign or veto the bill.
Who was Kyra's Law named after?
Kyra's Law is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered, unsupervised visit in 2016. The case prompted nearly a decade of advocacy for New York custody reform, according to Spectrum Local News.
Will Kyra's Law change existing New York custody orders?
Kyra's Law would generally apply prospectively to pending and future custody proceedings, not automatically reopen finalized orders. Courts would apply the new threshold safety review under N.Y. Dom. Rel. Law § 240 to cases active when the law takes effect, which occurs only after Hochul signs.
How is domestic violence currently weighed in New York custody cases?
Under N.Y. Dom. Rel. Law § 240, domestic violence is one factor a court must consider within its best-interest analysis, alongside factors set out in Eschbach v. Eschbach (1982). It is not currently a gatekeeping inquiry — Kyra's Law would change that by requiring a threshold safety review.
Get help with your New York custody case
If you are facing a custody dispute involving safety concerns, an experienced New York family law attorney can help you document evidence and present it effectively under current and evolving standards. Browse our directory to connect with a vetted family law attorney in your county.
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.