New York's Legislature passed Kyra's Law (A.6194-C/S.5998) in June 2026, and the bill now awaits Gov. Kathy Hochul's signature. The law forces 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 Fact | Detail |
|---|---|
| What happened | Kyra's Law passed both chambers of the NY Legislature |
| When | June 2026; awaits Gov. Hochul's signature |
| Where | New York State (family and supreme courts) |
| Who's affected | Any parent or child in a contested NY custody case involving safety allegations |
| Key bill/statute | A.6194-C / S.5998, amending N.Y. Dom. Rel. Law § 240 |
| Impact | Courts must resolve safety allegations before ordering custody or visitation; effective 270 days after signing |
The bill is named for Kyra Franchetti, a 2-year-old who was murdered by her father in 2016 during a court-ordered unsupervised visit, as reported by Spectrum News. Her death became a rallying point for reformers who argued that New York courts too often prioritized parental access over documented safety risks. Kyra's Law is designed to reverse that default.
Why this matters legally
Kyra's Law changes the sequence courts must follow when custody and safety collide. Under the new framework, a New York judge must first hold a threshold safety hearing whenever a party raises credible allegations of domestic violence or child abuse, and cannot issue a custody or visitation order until that safety question is resolved. This is a structural shift, not a rhetorical one.
Today, safety is one of many "best interests" factors a judge weighs alongside stability, each parent's fitness, and the child's preferences. Kyra's Law elevates safety to a gatekeeping determination that comes before the broader best-interests analysis. In practice, that means an alleged abuser's request for unsupervised time cannot be granted on a temporary or default basis while serious allegations remain unadjudicated.
The law also targets a specific practice reformers criticized: the use of "reunification" theories and parental-alienation claims to discount abuse reports. Courts will face heightened scrutiny before ordering a child into unsupervised contact with a parent facing credible safety allegations. Judges will need to make findings on the record, creating an appellate paper trail that did not reliably exist before.
How New York law handles this
New York custody decisions are governed by N.Y. Dom. Rel. Law § 240, which directs courts to decide custody and visitation according to the best interests of the child. Domestic violence is already a mandatory factor under that statute, but current law leaves judges wide discretion over how much weight to assign it. Kyra's Law tightens that discretion by requiring an explicit safety determination first.
The reform interacts with several existing New York mechanisms. Family Court judges already issue orders of protection under Article 8 of the Family Court Act, and criminal courts issue them under the Criminal Procedure Law. Kyra's Law does not replace those tools; it ensures that pending abuse allegations actually shape the custody timeline rather than running on a parallel, disconnected track. Courts must also consider a parent's history when setting parenting plans, and the new law makes that history a front-loaded inquiry.
The statute's 270-day delayed effective date gives the Office of Court Administration time to issue judicial training and update forms. That runway matters: a threshold safety hearing requires trained judges, evaluators, and clear procedural rules. Parents in New York should expect the change to apply to new and modified custody proceedings filed after the effective date, though transition rules for pending cases will depend on the final signed text and any implementing rules. Understanding how a custody evaluation fits into this new sequence will be important for anyone with an open matter.
Practical takeaways
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Document safety concerns now. If you have credible domestic-violence or child-abuse concerns, gather records — police reports, medical records, photos, texts, and prior orders of protection. Kyra's Law makes documented safety evidence the first thing a court examines, so organized proof carries more weight than ever. A personalized divorce roadmap can help you sequence these steps.
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Understand the new timeline. Because a safety determination must precede any custody order, cases with credible allegations may involve an early, focused hearing. Do not assume temporary unsupervised visitation will be granted automatically while allegations are pending.
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Prepare for supervised alternatives. Where safety is unresolved, courts are more likely to order supervised visitation or no contact until the threshold question is decided. Familiarize yourself with how child custody categories and supervised-access options work in New York.
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Do not weaponize the law. False or exaggerated allegations remain sanctionable and can damage your credibility and your own custody position. Kyra's Law is a safety mechanism, not a tactical lever; judges will make findings on the record.
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Get jurisdiction-specific guidance. Custody law is fact-intensive and New York's implementation details will evolve through court rules and training. Use our parenting time calculator to model potential schedules, and consider consulting a licensed New York family law attorney before your next court date.
If you are navigating a New York custody dispute where safety is a concern, the coming months will bring meaningful procedural change once Kyra's Law is signed and its 270-day clock begins. Staying informed and organized is the best way to protect your children and your position. You can find a divorce attorney in your county to discuss how this reform may affect your specific matter.
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.