New York's Kyra's Law (A.6194-C) passed both legislative chambers on June 5, 2026, and reached Governor Kathy Hochul's desk on June 15, 2026, giving her until year's end to sign or veto. If enacted, it forces New York family courts to hold a prompt evidentiary hearing on credible abuse allegations before issuing any custody order, and takes effect 270 days after signing.
| Key Fact | Detail |
|---|---|
| What happened | Kyra's Law (A.6194-C) passed both NY chambers and was delivered to Gov. Hochul |
| When | Passed June 5, 2026; delivered to Hochul June 15, 2026; decision due by year's end |
| Where | New York State (all family and supreme courts handling custody) |
| Who's affected | Parents in contested custody cases involving abuse or domestic violence allegations |
| Key statute/rule | Amends N.Y. Dom. Rel. Law § 240 custody framework |
| Impact | Mandatory safety hearing + rebuttable presumption against unsupervised access; effective 270 days after signing |
The bill is named for 2-year-old Kyra Franchetti, who was killed in 2016 during a court-ordered unsupervised visitation. According to Spectrum Local News, advocates spent nearly a decade pushing the reform after arguing that family courts too often minimized documented abuse when awarding parenting time.
Why This Matters Legally
Kyra's Law fundamentally reorders how New York family courts sequence abuse evidence and custody decisions. Under the bill, a court presented with facially credible allegations of domestic violence or child abuse must hold a prompt evidentiary hearing on that safety question before entering any custody or visitation order. Today, judges frequently issue temporary access orders first and evaluate abuse claims later, sometimes months into litigation.
The legislation also creates a rebuttable presumption: a parent found to pose a substantial risk of harm cannot receive unsupervised access unless that parent affirmatively proves the child would be safe. This shifts the evidentiary burden in a way New York custody law has not previously required. The presumption is rebuttable, not absolute, so a flagged parent retains the right to present evidence and regain access if the court is satisfied the risk is addressed. For readers navigating these dynamics, our overview of domestic violence protections in custody proceedings explains how safety concerns intersect with parenting decisions.
How New York Law Handles This
New York custody decisions are governed by N.Y. Dom. Rel. Law § 240 and N.Y. Dom. Rel. Law § 70, which direct courts to decide custody according to the child's best interests. Existing law already lists domestic violence as a factor courts must consider under DRL § 240(1)(a), but it does not require a threshold safety hearing before any temporary order issues. Kyra's Law converts that discretionary factor into a mandatory procedural gate.
Protective relief in New York currently flows through the Family Court Act, and litigants can seek protective orders alongside custody petitions. Kyra's Law layers a new sequencing requirement on top of that framework: the abuse inquiry comes first, the parenting-time determination second. Courts making child custody findings will need to document, on the record, that the safety hearing occurred and how the credible-allegation standard was applied. This creates a clearer appellate record and reduces the discretion that critics say allowed dangerous access orders to stand. The 270-day delayed effective date gives the Office of Court Administration time to train judges, update forms, and issue guidance on what qualifies as a facially credible allegation.
Practical Takeaways
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Document abuse now. If your custody matter involves domestic violence or child endangerment, preserve police reports, medical records, photographs, texts, and witness contacts. Kyra's Law rewards parents who arrive at the safety hearing with organized, specific evidence rather than general allegations.
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Understand the timeline. If Hochul signs before year's end, the law takes effect roughly 270 days later — meaning cases filed in late 2026 and 2027 will fall under the new hearing requirement. Cases resolved before the effective date proceed under current DRL § 240 rules.
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Prepare for a front-loaded fight. Because the abuse hearing now precedes the custody order, both sides should expect the safety question to dominate early proceedings. A parent facing allegations should retain counsel immediately, since the rebuttable presumption places the burden on them to demonstrate the child's safety.
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Map your parenting-time expectations. Use our parenting time calculator to model realistic schedules, and review how a parenting plan documents supervised or graduated access when a court imposes conditions.
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Get your bearings before filing. A personalized divorce roadmap can help you sequence protective-order petitions, custody filings, and evidence-gathering. If your matter is contested or involves serious safety concerns, find a divorce attorney experienced in New York custody litigation before your first appearance.
Whether Governor Hochul signs Kyra's Law will shape New York custody practice for years, and parents in active or anticipated disputes should track her decision and prepare accordingly. If abuse or child safety is a factor in your case, speak with a qualified New York family law attorney who can evaluate how these rules — current and pending — apply to 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.