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, 2026. The bill requires family and supreme courts to hold a threshold safety hearing on domestic violence and child abuse allegations before issuing any custody or visitation order. If signed, it takes effect 270 days later.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Kyra's Law passed both NY legislative chambers and was delivered to Governor Hochul |
| When | Passed June 5, 2026; delivered to Hochul June 15, 2026; she has until year-end to act |
| Where | New York State (family and supreme courts statewide) |
| Who's affected | Parents in custody disputes involving abuse or domestic violence allegations |
| Key statute | Amends N.Y. Dom. Rel. Law § 240 (custody and child safety) |
| Impact | Courts must hold an evidentiary safety hearing on risk before any custody order |
Why this matters legally
Kyra's Law changes the sequence of custody decision-making in New York by making child safety a threshold determination that courts must resolve before addressing any other custody factor. Under current practice, courts weigh domestic violence as one of many "best interests" factors under N.Y. Dom. Rel. Law § 240, where it can be diluted by countervailing considerations like a parent's employment or willingness to cooperate. The new framework front-loads risk: when a parent raises credible allegations of abuse, the court must first hold a focused evidentiary hearing to assess danger to the child.
The bill is named for Kyra Franchetti, a 2-year-old killed by her father in 2016 during a court-ordered unsupervised visit, according to Spectrum News. The legislation responds to a documented pattern in which family courts granted unsupervised access to parents against whom abuse had been alleged. By requiring a dedicated hearing, the law shifts the burden of caution toward protecting the child rather than preserving parental access at the outset. This is a structural change, not merely a rhetorical one — it dictates when and how courts must weigh safety evidence.
How New York law handles this
New York currently governs custody under N.Y. Dom. Rel. Law § 240, which directs courts to decide custody and visitation according to the child's best interests, and N.Y. Dom. Rel. Law § 236, which frames the broader matrimonial and equitable distribution context. Existing law already requires courts to consider proven domestic violence under § 240, but it does not mandate a separate threshold hearing before other custody determinations proceed.
Kyra's Law would amend the custody framework to require that, once a party alleges domestic violence or child abuse, the court conduct an evidentiary hearing centered on the risk to the child before entering a custody or visitation order. The hearing focuses on danger — not on the broader best-interests balancing that follows. Judges would receive training on the dynamics of coercive control and litigation abuse, and the statute directs closer scrutiny of unsupervised access where credible safety concerns exist.
For New York families, this means the process of establishing a parenting plan may now begin with a safety-focused proceeding when abuse is alleged. Parents navigating child custody disputes should understand that credible safety evidence — police reports, orders of protection, medical records, and documented threats — will carry threshold weight rather than being averaged into a longer list of factors. A custody evaluation may still occur, but the safety hearing comes first.
The law takes effect 270 days after signing, roughly nine months, giving courts and the Office of Court Administration time to implement training and procedural rules. If Hochul signs before December 31, 2026, the statute would become operative in late 2027.
Practical takeaways
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Document safety evidence early. If abuse or domestic violence is part of your situation, preserve police reports, medical records, photographs, text messages, and any existing orders of protection. Under Kyra's Law, this evidence would drive the threshold safety hearing.
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Understand the new sequence. A custody proceeding involving abuse allegations would begin with a risk-focused hearing before broader best-interests arguments. Learn how child custody determinations work so you know what to expect at each stage.
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Prepare a detailed parenting proposal. Even with a safety-first framework, courts still need a workable arrangement. Build a thorough parenting plan and use our parenting time calculator to model realistic schedules.
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Distinguish supervised from unsupervised access. If you are seeking to limit a parent's unsupervised time on safety grounds, be ready to present specific, corroborated risk evidence rather than general concerns.
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Watch the effective date. The law takes effect 270 days after signing. Cases filed before that date proceed under existing § 240 standards, so timing may affect which framework applies to your matter.
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Consult counsel on threshold strategy. Because the safety hearing is a distinct proceeding, the way you frame and support allegations at the outset matters. Building your personalized divorce roadmap can help you organize next steps before you find a divorce attorney.
If you are facing a custody dispute in New York that involves safety concerns, the potential shift under Kyra's Law makes early preparation more important than ever. A qualified New York family law attorney can help you assemble the evidence a threshold safety hearing would require and advise you on how the changing framework applies to your specific circumstances.
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.