New York's Kyra's Law (A.6194-C) passed both legislative chambers in 2026 and now awaits Governor Kathy Hochul's signature. If signed, it forces family courts to assess domestic-violence and child-abuse allegations as a threshold safety determination before weighing any other best-interest factor, taking effect 270 days after signing. It remains unsigned as of mid-June 2026.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Kyra's Law (A.6194-C) passed both NY chambers and awaits the Governor's signature |
| When | Passed 2026; renewed advocacy pressure week of June 15, 2026; unsigned as of that date |
| Where | New York State — all family and supreme courts hearing custody matters |
| Who's affected | Parents in contested custody cases involving abuse or domestic-violence allegations |
| Key statute/rule | Would amend N.Y. Dom. Rel. Law § 240 custody best-interest framework |
| Impact | Courts must resolve safety allegations as a threshold question, effective 270 days after signing |
The bill is named for Kyra Franchetti, a 2-year-old killed during a court-ordered unsupervised visit. According to Spectrum News, advocates intensified pressure this week following four child deaths near Albany, urging the Governor to sign the legislation the Assembly and Senate already approved.
Why this matters legally
Kyra's Law would restructure the order of analysis in New York custody decisions. Currently, allegations of domestic violence are one factor among many that a court weighs under the broad best-interest-of-the-child standard. Under the proposed law, courts must first make a threshold safety determination — assessing abuse and domestic-violence allegations before weighing convenience, parental cooperation, or other best-interest factors.
This sequencing change carries real legal weight. Under existing N.Y. Dom. Rel. Law § 240, domestic violence is already a mandatory consideration, but it competes with factors like a parent's willingness to foster the other parent's relationship with the child. Critics have long argued that this "friendly-parent" dynamic can penalize a protective parent who raises safety concerns. Kyra's Law directly addresses that tension by elevating safety to a gatekeeping question. The bill would also require judicial training on domestic violence and child abuse, and it limits reliance on scientifically unsupported theories in custody evaluations.
How New York law handles this
New York decides custody under the best-interest standard codified in N.Y. Dom. Rel. Law § 240 and elaborated by decades of case law flowing from Eschbach v. Eschbach (1982). Courts weigh factors including each parent's stability, the child's relationships, the ability to provide for the child's needs, and — under N.Y. Dom. Rel. Law § 240(1)(a) — any proven domestic violence. When domestic violence is proven by a preponderance of the evidence, the court must consider its effect on the child's best interest and state its reasoning on the record.
Kyra's Law would layer a threshold procedure on top of that framework. Rather than folding safety into the general balancing test, courts would resolve credible abuse allegations first. If enacted, the law takes effect 270 days after signing — roughly nine months — giving courts, evaluators, and attorneys time to adjust practice. New York separately governs supervised and unsupervised visitation through its custody statutes; the reform's core aim is to prevent unsupervised access being ordered before safety allegations are meaningfully examined. Parents navigating these questions can review how child custody arrangements and parenting plans are structured in New York.
Practical takeaways
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Document safety concerns early. If domestic violence or child abuse is at issue, preserve evidence — police reports, medical records, protective orders, and dated communications — because a threshold safety determination will depend heavily on the record you present.
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Understand the timeline. Even if Hochul signs the bill, it takes effect 270 days later. Cases filed before that date proceed under the current N.Y. Dom. Rel. Law § 240 framework, so timing matters for how your matter is analyzed.
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Learn how evaluations work. Kyra's Law targets unsupported theories in custody assessments. If a custody evaluation is ordered in your case, ask whether the evaluator's methods rest on accepted, peer-reviewed standards.
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Plan parenting time carefully. Use tools like our parenting time calculator to model schedules, and understand that safety findings can override standard access arrangements.
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Consult a New York family law attorney. Threshold safety determinations are fact-intensive and procedurally technical. A personalized divorce roadmap can help you organize next steps, but complex custody-and-safety matters warrant professional counsel.
If you are facing a New York custody dispute involving safety concerns — or simply want to understand how this potential reform could affect your case — connecting with an experienced family law attorney is the surest way to protect your child's interests. 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.