Kyra's Law passed both chambers of the New York Legislature on June 5, 2026, and was delivered to Governor Kathy Hochul on June 15, 2026, awaiting her signature. The bill forces New York family and supreme courts to treat domestic violence and child abuse allegations as a threshold safety determination before issuing any custody or visitation order, and would take effect 270 days after signing.
Key Facts
| Detail | Summary |
|---|---|
| What happened | New York Legislature passed Kyra's Law (child-safety custody reform) |
| When | Passed both chambers June 5, 2026; delivered to Governor June 15, 2026 |
| Where | New York State (family and supreme courts statewide) |
| Who's affected | Parents in contested custody cases involving abuse or DV allegations |
| Key statute | Amends N.Y. Dom. Rel. Law § 240 custody standards |
| Impact | Mandatory threshold safety hearing; effective 270 days after signing |
The legislation is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visitation in 2016, according to amNewYork. Her mother, Jacqueline Franchetti, spent roughly a decade advocating for the reform after the family court system authorized the visit despite her documented safety concerns.
Why this matters legally
Kyra's Law changes the sequence of decisions New York courts must follow in custody disputes. Under the bill, a court must first evaluate credible allegations of domestic violence, child abuse, or coercive control as a threshold safety question before it can weigh other best-interest factors or grant unsupervised access. This reorders longstanding practice, where safety concerns were historically balanced alongside factors like parental cooperation and the child's relationship with each parent, sometimes diluting the weight of abuse claims.
The practical legal shift is significant. When an abuse allegation is raised, the court will be required to hold an evidentiary hearing focused specifically on risk before any custody or visitation order issues. Judges will no longer be able to fast-track unsupervised arrangements while safety questions remain unresolved. The bill also limits reliance on unproven theories like "parental alienation" to override credible abuse evidence, a pattern that federal law under the 2022 Keeping Children Safe from Family Violence Act ("Kayden's Law") also targets. New York's version builds a state-level enforcement mechanism on top of that federal incentive framework.
How New York law handles this
Custody in New York is governed by N.Y. Dom. Rel. Law § 240 and N.Y. Dom. Rel. Law § 70, which direct courts to decide custody and visitation based on the best interests of the child. Existing law already requires courts to consider proven domestic violence as one factor under § 240(1)(a), but it does not mandate a dedicated safety hearing before an initial order, and it leaves substantial discretion to the individual judge.
Kyra's Law amends this framework by inserting a mandatory threshold step. Once signed, courts hearing custody matters under N.Y. Dom. Rel. Law § 236 (divorce-related custody) and Article 6 of the Family Court Act (standalone custody petitions) must resolve safety allegations first. The bill also requires enhanced judicial training on domestic violence, child abuse dynamics, and trauma, and restricts the use of reunification programs that separate children from a protective parent absent evidentiary support. The 270-day delayed effective date gives the Office of Court Administration time to implement training and procedural rules before enforcement begins.
New York courts issue custody and visitation orders in tens of thousands of cases annually. Because the reform touches both matrimonial actions in Supreme Court and custody petitions in Family Court, its reach extends across the entire family law system rather than a single case type. For divorcing parents, this means safety allegations raised during a divorce proceeding will trigger the same threshold protection as those raised in a standalone Family Court petition.
Practical takeaways
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Document safety concerns in writing now. If you have credible domestic violence or child abuse concerns, preserve police reports, medical records, protective orders, and dated communications. Under Kyra's Law, this evidence will drive a mandatory threshold hearing, so organized documentation directly affects the outcome.
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Understand the 270-day timeline. If Governor Hochul signs the bill, it takes effect roughly nine months later. Custody matters filed or modified after that date will follow the new safety-first procedure; cases decided before it will not automatically reopen.
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Raise allegations early and specifically. The reform rewards concrete, timely disclosure. Vague or late-raised concerns are harder to fit into the threshold hearing structure, so consult counsel about how and when to present evidence.
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Do not assume the law is retroactive. Existing custody orders remain in force unless a party files for modification. If your prior case involved unaddressed safety concerns, ask an attorney whether a modification petition under N.Y. Dom. Rel. Law § 240 is appropriate once the law is effective.
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Prepare for a longer initial timeline. A mandatory safety hearing adds a procedural stage. Budget for the possibility that an initial custody determination takes additional weeks while the court resolves threshold allegations.
If you are navigating a New York custody dispute involving safety concerns, connecting with an experienced family law attorney can help you understand how these changes may apply to your situation and how to present your evidence effectively. You can find guidance and locate an attorney serving your county through divorce.law.
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.