New York's Kyra's Law (A.6194-C / S.5998) passed both legislative chambers on June 5, 2026, and reached Governor Hochul's desk on June 15. The bill amends N.Y. Dom. Rel. Law § 240 to require judges to assess credible domestic-violence and child-abuse allegations as a threshold question before awarding custody or unsupervised visitation. Hochul has until year-end to act.
Key Facts
| Item | Detail |
|---|---|
| What happened | Kyra's Law passed both NY chambers and was delivered to Governor Hochul |
| When | Passed June 5, 2026; delivered to Hochul June 15, 2026; decision due by year-end |
| Where | New York State (statewide) |
| Who's affected | Parents in contested custody cases, especially those alleging abuse or DV |
| Key statute/rule | Amends N.Y. Dom. Rel. Law § 240 |
| Impact | Child safety becomes a mandatory threshold factor before any best-interest analysis |
Why this matters legally
Kyra's Law fundamentally reorders how New York courts approach custody disputes involving abuse allegations. Under the bill, a judge must first determine whether credible evidence of domestic violence or child abuse exists before weighing any other best-interest factor, such as parental fitness or a child's living arrangements. This is a structural change, not a cosmetic one.
Current New York custody law under N.Y. Dom. Rel. Law § 240 directs courts to decide custody based on the child's best interests, with domestic violence as one factor among many that a judge "must consider." Kyra's Law elevates safety from a co-equal factor to a gateway inquiry. Advocates argue the prior framework allowed abuse allegations to be diluted by competing considerations, sometimes resulting in unsupervised access for a parent accused of violence.
The legislation is named for Kyra Franchetti, a 2-year-old girl murdered by her father in 2016 during a court-ordered unsupervised visit. According to reporting by Spectrum News, the bill took roughly a decade and ten separate rewrites of its language to secure passage, reflecting the difficulty of drafting reform that survives constitutional and due-process scrutiny.
How New York law handles this
New York custody determinations are governed by N.Y. Dom. Rel. Law § 240, which grants courts broad discretion to award 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." There is no presumption favoring either parent, and no single factor is dispositive under existing law.
Since 1996, § 240 has required courts to consider proven domestic violence when making custody and visitation decisions. However, the statute currently frames domestic violence as a factor to weigh alongside others rather than a threshold that must be resolved first. Kyra's Law changes that sequencing: a court would evaluate credible safety allegations before reaching the broader best-interest analysis.
Beyond amending § 240, the bill adds two operational components. First, it mandates expanded judicial training so that judges and court personnel can better recognize patterns of coercive control and post-separation abuse. Second, it establishes a statewide supervised-visitation program, addressing a longstanding gap where safe visitation options were inconsistent or unavailable across New York's 62 counties.
New York's approach here contrasts with the federal push under the 2022 Keeping Children Safe from Family Violence Act ("Kayden's Law"), which offers states incentive funding to adopt similar safety-first custody reforms. Kyra's Law would position New York among the states aligning their custody statutes with that federal framework, potentially influencing how family courts weigh expert testimony and reunification-camp orders.
Practical takeaways
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Document safety concerns thoroughly. If you are involved in a New York custody case with abuse or domestic-violence allegations, preserve evidence — police reports, medical records, protective orders, and dated communications. Under a safety-first framework, credible documentation carries greater weight at the threshold stage.
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Understand that the law is not yet in effect. Kyra's Law passed the Legislature but is not enforceable unless Governor Hochul signs it. If she vetoes or negotiates chapter amendments, the final text may differ. Do not assume the new standard applies to your case until it becomes law and takes effect.
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Ask your attorney about timing. If your custody matter is pending, discuss whether any signed version of Kyra's Law would apply retroactively or only to cases filed after its effective date. Transitional provisions frequently determine which litigants benefit.
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Prepare for a heightened evidentiary focus. A safety-first threshold means courts may require more specific proof of credible allegations earlier in the proceeding. Vague or unsupported claims may not clear the gateway, so precision matters.
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Explore supervised-visitation resources. If safe contact is a concern, the bill's statewide supervised-visitation program — once operational — could provide a court-approved venue for parenting time. Ask your county family court or attorney what supervised options currently exist while the program is stood up.
If you are navigating a New York custody dispute where safety is a concern, an experienced family law attorney can explain how N.Y. Dom. Rel. Law § 240 applies to your facts today and how any change under Kyra's Law might affect your matter. You can also browse our New York divorce and custody resources to better understand your options before speaking with counsel.
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.