New York's Kyra's Law (A.6194-C/S.5998) passed both legislative chambers on June 5, 2026, and reached Governor Kathy Hochul's desk on June 15, 2026. The bill requires family and matrimonial courts to hold a prompt evidentiary hearing on facially credible abuse allegations before issuing any custody or visitation order — a threshold child-safety finding that reshapes how New York decides parenting cases.
| Detail | Summary |
|---|---|
| What happened | NY Legislature passed Kyra's Law (A.6194-C/S.5998) requiring a threshold child-safety hearing before custody or visitation orders |
| When | Passed both chambers June 5, 2026; delivered to Gov. Hochul June 15, 2026; year-end signing deadline |
| Where | New York State (family and matrimonial courts statewide) |
| Who's affected | Parents in contested custody cases, especially those raising abuse or domestic-violence allegations |
| Key statute | Amends N.Y. Dom. Rel. Law § 240 (custody) and related Family Court Act provisions |
| Impact | Creates a rebuttable presumption against unsupervised custody where a parent poses a substantial risk; effective 270 days after signing |
Why this matters legally
Kyra's Law fundamentally changes the sequence of a New York custody proceeding by requiring a safety determination first, before the court weighs the traditional best-interests factors. The legislation is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016, and was reported by amNewYork as passing both chambers on June 5, 2026.
Under current New York practice, allegations of abuse are one of many factors folded into a broad best-interests analysis, and evidentiary hearings on those allegations are frequently delayed or deferred. Kyra's Law inverts that order. When a parent raises a facially credible allegation that the other parent poses a risk to the child, the court must hold a prompt evidentiary hearing on that specific question. If the court finds a substantial risk, a rebuttable presumption arises that bars unsupervised custody or visitation for the parent posing the risk. That presumption can be overcome only with evidence, shifting the burden onto the parent seeking unsupervised access.
The bill takes effect 270 days after the Governor signs it — roughly nine months of lead time for courts, attorneys, and evaluators to adjust intake procedures and scheduling. Because the measure amends core custody provisions under N.Y. Dom. Rel. Law § 240, it will govern both matrimonial (divorce) actions in Supreme Court and standalone custody petitions in Family Court.
How New York law handles this
New York decides custody under a best-interests-of-the-child standard codified in N.Y. Dom. Rel. Law § 240 and N.Y. Dom. Rel. Law § 70, with no automatic preference for either parent. Courts weigh factors including each parent's stability, the child's relationship with each parent, and any history of domestic violence. Existing law under N.Y. Dom. Rel. Law § 240(1)(a) already directs courts to consider proven domestic violence, but it does not require a threshold hearing or impose a presumption against unsupervised access.
Kyra's Law layers a mandatory procedural gate on top of that framework. First, the safety hearing: a facially credible abuse allegation triggers a prompt evidentiary proceeding focused solely on risk. Second, the presumption: a substantial-risk finding creates a rebuttable presumption barring unsupervised custody or visitation for the offending parent. Third, the rebuttal: the parent seeking unsupervised access must present evidence sufficient to overcome that presumption before the court will grant it.
This sequencing matters because New York custody orders are modifiable upon a showing of a substantial change in circumstances, and temporary orders issued early in a case often set the practical baseline for months. By forcing a safety finding at the front end, Kyra's Law aims to prevent unsupervised access from being granted by default while abuse claims remain unadjudicated. Parents navigating these proceedings should understand how child custody arrangements and parenting plans are structured, because the safety hearing will directly shape both. Where a custody evaluation is ordered, the evaluator's risk assessment will carry heightened weight under the new threshold analysis.
Practical takeaways
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Document everything now. If you have safety concerns about the other parent, preserve records — police reports, medical records, texts, photos, and witness contact information. Under Kyra's Law, a facially credible allegation triggers a prompt evidentiary hearing, and specific documentation is what makes an allegation credible.
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Understand the timing. The law takes effect 270 days after Governor Hochul signs it. Cases filed or pending after that effective date will be governed by the new hearing requirement and presumption, so track the signing date closely if your matter is active.
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Know the presumption cuts both ways. If you are the parent facing an allegation, a substantial-risk finding creates a rebuttable presumption against your unsupervised access. You can overcome it, but you will need affirmative evidence — supervised-visit records, completed programs, or evaluations. Do not assume the presumption is permanent.
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Distinguish safety from strategy. Courts scrutinize allegations, and a facially credible claim is not the same as an unsupported one. False or exaggerated allegations can damage your credibility on every other issue in the case. Learn how relocation and support questions interact with custody, and use our parenting time calculator to model realistic schedules.
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Get the right professional help early. The safety-hearing structure front-loads the most consequential decisions. Building a personalized divorce roadmap and consulting an attorney before the first appearance can determine whether you enter the hearing prepared. When you are ready, you can find a divorce attorney who handles contested custody in your county.
If you are facing a New York custody dispute involving safety concerns, the procedural changes under Kyra's Law make early, informed preparation more important than ever. A qualified family law attorney can help you assess whether your situation triggers the new hearing requirement and how to present or respond to allegations 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.