New York's Legislature passed Kyra's Law (A.6194-C / S.5998) and delivered it to Governor Hochul on June 15, 2026, according to CBS New York. The bill would require family courts to hold a threshold evidentiary hearing on abuse allegations before issuing any custody or visitation order, taking effect 270 days after signing. For New York parents, safety would become the first question courts ask.
Key Facts
| Item | Detail |
|---|---|
| What happened | Kyra's Law passed both chambers of the NY Legislature |
| Bill numbers | Assembly A.6194-C / Senate S.5998 |
| When | Delivered to Gov. Hochul on June 15, 2026 |
| Where | New York State (all family courts) |
| Who's affected | Parents in contested custody/visitation cases involving abuse allegations |
| Effective date | 270 days after signing (if enacted) |
| Impact | Mandatory safety hearing before any custody or visitation order |
The law is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016, as reported by CBS New York. The case became a rallying point for advocates who argued that New York courts too often prioritized parental access over child safety when abuse was alleged but not yet proven.
Why this matters legally
Kyra's Law changes the sequence of decision-making in New York custody cases. Under the bill, a court must resolve child-safety questions through an evidentiary hearing before it can enter a custody or visitation order — abuse allegations can no longer be deferred until after a temporary access schedule is already in place. This is a structural shift, not a rhetorical one.
Today, New York judges already weigh domestic violence under N.Y. Dom. Rel. Law § 240, which directs courts to consider proven domestic violence in custody determinations. The practical gap has been timing: temporary orders often issued early, sometimes granting unsupervised access, before a full hearing on the alleged danger. Kyra's Law reorders that sequence by making the safety inquiry a threshold test — the first gate a case must pass, not a factor buried in a later best-interests analysis.
The 270-day delayed effective date matters. If Governor Hochul signs the bill, courts, the Office of Court Administration, and practitioners would have roughly nine months to develop hearing procedures, train judges, and update forms before the requirement takes effect. That window is standard for legislation requiring procedural retooling across a statewide court system.
How New York law handles this
New York custody law is governed primarily by N.Y. Dom. Rel. Law § 240, which requires courts to determine custody and visitation based on the best interests of the child. Section 240 already instructs judges to consider the effect of domestic violence on the child when such violence is proven by a preponderance of the evidence. Kyra's Law builds on this foundation rather than replacing it.
The broader framework sits in N.Y. Dom. Rel. Law § 236, which governs matrimonial actions and the ancillary relief — including custody — that flows from them. New York applies a best-interests standard with no automatic presumption favoring either parent, weighing factors such as each parent's caregiving history, stability, and any history of abuse or neglect.
Under existing procedure, New York courts can appoint an attorney for the child and order forensic evaluations in contested matters. Kyra's Law would add a mandatory front-end step: before any access order, the court must hold a hearing specifically examining allegations of domestic violence, child abuse, or other safety risks. Where such risks are established, the bill directs courts to prioritize protection over access — a codified sequencing that advocates say was missing when Kyra Franchetti was killed in 2016.
New York's approach here would be among the most protective in the country. Most states, including those following the American Law Institute custody principles, treat domestic violence as one best-interests factor rather than a threshold gate. By requiring a safety hearing first, New York would move ahead of the general standard reflected in comparable statutes such as Cal. Fam. Code § 3044, which creates a rebuttable presumption against custody for a parent found to have committed domestic violence but does not mandate a pre-order threshold hearing in every case.
Practical takeaways
If you are a New York parent in — or anticipating — a custody dispute, here is what Kyra's Law would mean for you:
-
Document safety concerns now. If abuse or domestic violence is part of your case, preserve evidence — police reports, medical records, protective orders, texts, and photos. Under Kyra's Law, this evidence would drive a threshold hearing that shapes the entire custody timeline.
-
Understand the timing. The law takes effect 270 days after signing. Cases filed or pending after that date would fall under the new threshold-hearing requirement; earlier orders generally would not, absent a modification motion.
-
Raise allegations early and specifically. Because the safety inquiry becomes a front-end gate, vague or late-raised concerns carry less weight than detailed, timely allegations supported by evidence.
-
Know that the standard cuts both ways. Courts must hold a hearing on the allegations — meaning a parent accused of abuse also receives a defined evidentiary process rather than losing access on unproven claims. Both sides benefit from preparation.
-
Consider existing protective tools. Even before Kyra's Law takes effect, New York courts can issue temporary orders of protection and supervised-visitation conditions under N.Y. Dom. Rel. Law § 240. If you have immediate safety concerns, do not wait for the new law.
-
Consult counsel about pending cases. If your custody matter will still be active around the effective date, ask a New York family law attorney whether the new procedures could apply to modifications or unresolved issues in your case.
Kyra's Law reflects a decade-long effort to make child safety the starting point of New York custody decisions rather than an afterthought. Whether Governor Hochul signs it, and how courts implement the 270-day rollout, will determine how quickly these protections reach families. If you are navigating a custody dispute involving safety concerns, a New York family law attorney can explain how current law — and any new law — applies to your specific situation and help you present your evidence 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.