Kyra's Law (A.6194-C / S.5998) passed both chambers of the New York Legislature in June 2026 and now awaits Governor Hochul's signature. If signed, the law would require New York courts to hold a threshold child-safety hearing to resolve domestic-violence and child-abuse allegations before issuing any custody or visitation order, taking effect 270 days after signing.
| Detail | Summary |
|---|---|
| What happened | Kyra's Law (A.6194-C / S.5998) passed both NY chambers and moved to Gov. Hochul's desk |
| When | Passed June 2026; would take effect 270 days after signing |
| Where | New York State — all Supreme and Family Courts handling custody |
| Who's affected | Parents in contested custody cases involving abuse or domestic-violence allegations |
| Key statute affected | N.Y. Dom. Rel. Law § 240 (custody) and § 70; Family Court Act § 651 |
| Impact | Courts must resolve safety allegations as a threshold matter before any custody order |
The bill is named for Kyra Franchetti, a 2-year-old killed during a court-ordered unsupervised visit in 2016, and advocacy pressure intensified after the deaths of four children near Albany. According to Spectrum Local News, the legislation cleared both houses and now sits with the Governor for signature or veto.
Why this matters legally
Kyra's Law reorders the sequence of a New York custody proceeding by making child safety a threshold determination rather than one factor weighed among many. Under current practice, New York courts assess custody using the "best interests of the child" standard, in which domestic violence is one statutory consideration among several. Kyra's Law would require the court to first adjudicate credible allegations of abuse or domestic violence — before entering any custody or visitation order — so a potentially dangerous arrangement cannot be ordered while safety questions remain unresolved.
This is a structural change, not merely a rhetorical one. When domestic violence is a factor, N.Y. Dom. Rel. Law § 240 already requires courts to consider proven allegations and, where relevant, state on the record how those findings affected the custody decision. Kyra's Law elevates that consideration into a mandatory front-end hearing, forcing a judicial finding on safety before the balancing analysis proceeds. The practical effect: fewer temporary or default orders granting unsupervised access before abuse claims are examined. Understanding child custody arrangements becomes even more important for New York parents preparing for this shift.
How New York law handles this
New York decides custody under the "best interests of the child" standard rooted in N.Y. Dom. Rel. Law § 70 and N.Y. Dom. Rel. Law § 240, with Family Court jurisdiction under Family Court Act § 651. There is no fixed formula; courts weigh factors including each parent's stability, the child's relationship with each parent, and any history of domestic violence. Section 240 specifically directs courts to consider proven domestic-violence allegations in the best-interests calculus.
Kyra's Law layers a mandatory threshold procedure on top of that framework. Rather than folding abuse claims into a single omnibus best-interests hearing, courts would be required to make a discrete safety finding first. New York already provides protective mechanisms — supervised visitation, orders of protection, and forensic custody evaluations — but their use has been discretionary and often deferred. The new law would standardize when safety must be examined and require it to precede any access order. Parents building parenting plans after this law takes effect should expect safety allegations to be litigated earlier and more formally than under current practice.
The 270-day delayed effective date gives the Office of Court Administration time to issue implementing rules, train judges, and adjust intake procedures across the state's Family and Supreme Courts.
Practical takeaways
-
Document safety concerns early. If your case involves abuse or domestic-violence allegations, gather police reports, medical records, protective orders, and dated communications now. Under Kyra's Law, these become central to a threshold hearing rather than one item in a longer trial.
-
Understand the timeline. The law would take effect 270 days after signing — roughly nine months. Cases filed or modified after that date would be subject to the new threshold-hearing requirement. Ongoing cases may be affected depending on the implementing rules.
-
Preserve corroboration. Courts making a discrete safety finding will look for corroborating evidence. Witness statements, third-party reports, and contemporaneous records carry more weight than uncorroborated testimony.
-
Know your protective options. New York offers orders of protection, supervised visitation, and forensic evaluations. If safety is at issue, ask counsel whether to request these at the outset rather than mid-case.
-
Build your plan around the new sequence. When drafting proposals, anticipate that access terms may be paused until the safety question is resolved. A personalized divorce roadmap can help you map the steps specific to your situation.
-
Get professional guidance. Custody cases involving abuse allegations are among the most complex in family law. Consider consulting an attorney who handles high-conflict custody matters — you can find a divorce attorney serving your county.
If you are navigating a New York custody dispute involving safety concerns, the coming changes make early preparation more valuable than ever. A qualified family law attorney can help you understand how a threshold safety hearing might apply to your case and what evidence to assemble before you file.
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.