Kyra's Law on Hochul's Desk: NY Custody Reform Takes Effect 270 Days After Signing

New York's Kyra's Law passed both legislative chambers in June 2026 and now awaits Governor Kathy Hochul's signature, according to Spectrum News. If signed, it would require family courts to resolve credible domestic-violence and child-abuse allegations as a threshold safety question—before any other best-interest factor—taking effect 270 days later.

Key Facts

Why this matters legally

Kyra's Law reorders how New York courts approach custody by making child safety a mandatory threshold question rather than one factor among many. Under the current best-interest standard in N.Y. Dom. Rel. Law § 240, judges weigh domestic-violence evidence alongside factors like parental stability, the child's wishes, and each parent's caregiving history. The bill changes that sequence: when a party raises credible abuse or domestic-violence allegations, the court must resolve that safety question first, before balancing other considerations.

The bill is named for Kyra Franchetti, a 2-year-old killed by her father in 2016 during court-ordered unsupervised visitation, as reported by Spectrum News. Her mother, Jacqueline Franchetti of Long Island, spent roughly a decade advocating for the reform. The legislation reflects a national policy movement rooted in the federal Kayden's Law provisions of the 2022 Violence Against Women Act reauthorization, which encourage states to prioritize child-safety evidence in custody proceedings.

The reform would also address how New York courts handle expert testimony and reunification interventions when abuse is alleged. Judges would be directed to give appropriate weight to a child's own safety-related statements and to scrutinize any arrangement that places a child in unsupervised contact with a parent against whom credible allegations exist. Understanding how custody evaluations work becomes especially important under a safety-first framework, because the evidentiary record built early in a case will carry more weight.

How New York law handles this

New York currently determines custody under the best-interest-of-the-child standard codified in N.Y. Dom. Rel. Law § 240 and refined by decades of appellate case law. Domestic violence is already a required consideration—N.Y. Dom. Rel. Law § 240(1)(a) directs courts to consider proven domestic violence when it is alleged and established by a preponderance of the evidence. Kyra's Law does not invent that consideration; it elevates its priority in the analysis.

Under existing practice, a judge may order supervised visitation, appoint an attorney for the child, or direct a forensic evaluation when safety concerns surface. What the current framework does not do is require the safety question to be answered first. In a contested case, allegations can remain unresolved while temporary orders—including unsupervised visitation—stay in effect for months. Kyra's Law targets exactly that gap by making the threshold safety determination a prerequisite to the broader best-interest balancing.

The bill's 270-day delayed effective date gives courts, the Office of Court Administration, and family-law practitioners time to update procedures, train judges, and adjust how parenting plans are structured in cases with abuse allegations. New York parents navigating custody should track whether Hochul signs, because the effective date—and the procedures that follow—depend entirely on that signature. If signed in mid-2026, the law would take effect roughly nine months later, in early 2027.

For parents estimating how a safety-first framework might affect time-sharing, our parenting time calculator for New York offers a starting point for understanding how custody schedules translate into actual overnights, though any court order in an abuse case will be shaped first by the threshold safety finding.

Practical takeaways

1. Document safety concerns early and specifically. Under a safety-first framework, the record you build at the start of a case matters more than ever. Preserve texts, emails, medical records, police reports, and dated notes—courts will scrutinize this evidence at the threshold stage before weighing other factors.

2. Understand that allegations require proof. Kyra's Law prioritizes credible allegations, but New York still applies the preponderance-of-the-evidence standard under N.Y. Dom. Rel. Law § 240. Unsupported claims do not automatically change custody; documented, credible ones move to the front of the analysis.

3. Know your timeline. If Hochul signs, the law takes effect 270 days later—not immediately. Cases filed or pending before the effective date will still proceed under current procedures until the reform is operative.

4. Consider a forensic evaluation strategically. A court-appointed custody evaluation can substantiate or rebut safety allegations. In a safety-first system, the quality and timing of that evaluation can shape the entire case.

5. Build a written safety plan into any proposed parenting plan. Whether you are the parent raising concerns or responding to them, a clear, specific proposal addressing supervision, exchanges, and communication demonstrates to the court that you take child safety seriously.

6. Get local guidance. Custody procedure varies by county and courtroom. Start with a personalized divorce roadmap to organize your situation, then find a New York divorce attorney who handles contested custody matters involving abuse allegations.

If you are navigating a New York custody dispute that involves safety concerns, the shifting legal landscape makes early, informed action valuable. A qualified family law attorney can help you understand how current law—and any pending reform—applies to your specific circumstances and how to present safety evidence effectively.

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.