New York's Kyra's Law (A.6194-C / S.5998) passed both legislative chambers in June 2026 and now awaits Governor Hochul's signature, due by December 31, 2026. The bill forces family courts to treat credible domestic-violence and child-abuse allegations as a threshold safety determination before issuing any custody or visitation order. If signed, it takes effect 270 days later, per Spectrum News.
Key Facts
| Item | Detail |
|---|---|
| What happened | Kyra's Law (A.6194-C / S.5998) passed both NY legislative chambers |
| When | June 2026; Governor has until December 31, 2026 to sign |
| Where | New York State (all family and supreme courts) |
| Who's affected | Parents in custody disputes involving abuse or DV allegations |
| Key statute affected | Amends N.Y. Dom. Rel. Law § 240 (custody determinations) |
| Impact | Safety becomes a threshold question; effective 270 days after signing |
The law is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016. Her death exposed a systemic gap: New York courts frequently ordered unsupervised visitation despite documented abuse allegations, prioritizing parental access over child safety. Kyra's Law reverses that default, requiring judges to resolve safety concerns first.
Why this matters legally
Kyra's Law changes the sequence of judicial decision-making in New York custody cases. Under current practice, courts weigh the child's "best interests" as a single balancing test where a parent's fitness, abuse history, and access rights are considered together. Kyra's Law separates safety into a distinct threshold determination that must be resolved before any visitation order issues.
This is a structural shift, not a rhetorical one. When a party raises a credible allegation of domestic violence or child abuse, the court must hold an evidentiary hearing focused specifically on risk of harm before granting custody or visitation. The bill also limits the use of scientifically unsupported theories — such as "parental alienation" claims — to discredit a protective parent's abuse allegations. This provision responds to a documented pattern in which abuse reports were reframed as alienation tactics, shifting custody to the accused parent.
The practical effect is that a New York judge can no longer defer a safety finding until after granting temporary access. Safety comes first, elaboration second.
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 "as justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child." A companion provision, N.Y. Dom. Rel. Law § 236, governs the broader equitable framework for divorce, including property and support.
Current law already requires courts to consider domestic violence as one factor in the best-interests analysis under existing § 240 case law. Kyra's Law elevates that factor into a gatekeeping requirement. Rather than one consideration among many, credible abuse and DV allegations now trigger a mandatory, front-loaded safety hearing.
The bill also imposes judicial-training requirements. Judges hearing custody matters must complete education on domestic violence, child sexual abuse, and the impact of trauma on children — addressing criticism that many family court judges lacked specialized training to evaluate abuse dynamics. New York's approach mirrors the federal Keeping Children Safe from Family Violence Act (Kayden's Law), enacted in 2022, which conditioned certain federal funding on states adopting similar evidentiary and training reforms. New York's version applies statewide regardless of federal incentives.
Parents navigating these questions should understand how child custody determinations work and how courts structure parenting plans once a safety threshold is met. Where abuse is alleged, the standards governing supervised access and custody evaluation become central to the outcome.
Practical takeaways
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Document safety concerns thoroughly. If you have credible domestic-violence or child-abuse concerns, preserve evidence — police reports, medical records, orders of protection, and dated communications. Under Kyra's Law, the threshold hearing turns on the strength of documented risk, not general assertions.
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Understand the 270-day timeline. Even if Governor Hochul signs before December 31, 2026, the law takes effect 270 days after signing — roughly nine months later. Cases filed before the effective date will proceed under existing § 240 standards until then.
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Know the alienation limitation. If your case involves abuse allegations, be aware that Kyra's Law restricts using unsupported "parental alienation" theories to override safety concerns. This changes the strategic landscape for both accused and protective parents.
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Prepare for an evidentiary hearing earlier. Because safety is now a threshold question, the fact-finding hearing on abuse allegations moves to the front of the case. Gather witnesses, records, and expert input before your first substantive appearance.
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Calculate the parenting-time implications. Supervised or restricted visitation affects support and scheduling. Use our parenting time calculator to model different access arrangements and our child support calculator to estimate obligations under various custody splits.
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Build a next-steps plan. A personalized divorce roadmap can help you organize the sequence of filings, hearings, and safety documentation specific to a New York custody matter.
If you are facing a New York custody dispute involving safety concerns, the coming changes make early legal guidance especially valuable. A family law attorney can help you assemble the documentation a threshold safety hearing requires and advise on how the new standard applies to your timeline. You can find a divorce attorney serving your county to discuss your specific situation.
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.