Kyra's Law Passes NY Legislature, Heads to Hochul by End of 2026

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, after a decade-long campaign by Long Island mother Jacqueline Franchetti. The bill requires New York family and matrimonial judges to resolve credible domestic-violence and child-abuse allegations as a threshold safety question before weighing any other best-interest custody factors. Hochul has until the end of 2026 to sign or veto.

The legislation is named for Kyra Franchetti, a 2-year-old who was killed by her father during a court-ordered, unsupervised visit in 2016 — a tragedy that, according to NY State of Politics, drove her mother's ten-year push to change how New York courts handle custody when safety is in question.

Why this matters legally

Kyra's Law would change the order in which New York judges analyze contested custody cases. Currently, courts weigh domestic violence and abuse as one factor among many under the broad best-interest standard, which means a judge can balance a credible safety allegation against factors like co-parenting cooperation or a parent's wish to maintain the other parent's relationship with the child. Kyra's Law makes child safety a threshold question that must be resolved before any other factor is considered.

In practical terms, that reordering matters enormously. Under the existing framework, a parent raising abuse concerns is sometimes penalized as "uncooperative" or accused of alienation, and courts have ordered unsupervised contact even where credible danger was alleged. By forcing judges to first determine whether the alleged abuse or violence is credible — and to make that finding explicit on the record — the bill aims to prevent safety concerns from being diluted by competing considerations. The reform also responds to a documented national pattern: research cited by family-court reform advocates has found that children are sometimes ordered into the care of an abusive parent when alienation claims are raised in response to abuse allegations.

How New York law handles this

New York custody decisions are governed by the best-interest-of-the-child standard codified in N.Y. Dom. Rel. Law § 240, which directs courts to consider all relevant circumstances when awarding custody or visitation. Under N.Y. Dom. Rel. Law § 240(1)(a), a court must already consider proven domestic violence when it makes a custody or visitation award, but existing law treats that finding as one consideration the judge balances against the full constellation of best-interest factors.

Kyra's Law alters that calculus by elevating credible safety allegations to a gatekeeping role. Where current practice allows a judge broad discretion to weigh a parent's history of abuse alongside other factors, the new framework would require the court to address the safety question first and to document its reasoning. New York courts also operate within the Family Court Act, including N.Y. Family Court Act § 651, which gives Family Court concurrent jurisdiction over custody and visitation, and the bill's procedural requirements would apply across both Supreme Court matrimonial proceedings and Family Court custody disputes.

The legislation does not eliminate judicial discretion or guarantee any specific outcome. It changes sequence and documentation: a judge must make threshold findings about credible danger before proceeding to the wider best-interest analysis. If Hochul signs the bill before the end of 2026, New York would join a small group of states that have enacted similar safety-first custody reforms, several of which were modeled on the federal Keeping Children Safe from Family Violence Act (commonly called Kayden's Law), passed by Congress in 2022.

Practical takeaways

If you are a New York parent in or anticipating a contested custody case, here is what this development means for you.

1. Watch for the signing deadline. Hochul has until the end of 2026 to sign or veto Kyra's Law. The bill does not take effect — and does not change how your case is decided — unless and until it is signed and any effective date passes. Track the Governor's action before assuming the new standard applies.

2. Document safety concerns thoroughly now. Under both current law and the proposed reform, credible evidence matters. Preserve police reports, medical records, photographs, text messages, and any order of protection issued under N.Y. Family Court Act § 842. Contemporaneous, specific documentation is what allows a judge to find an allegation credible.

3. Understand that allegations require credible support. Kyra's Law is designed to protect children from documented danger, not to reward unsupported claims. Courts will still evaluate credibility, so vague or unsubstantiated assertions are unlikely to carry weight under either the current or the new framework.

4. Seek experienced counsel for cases involving abuse or violence. Custody matters involving domestic violence are among the most complex in family law. A New York family law attorney can help you present safety evidence properly and navigate the procedural requirements that would change if the bill becomes law.

5. If you are in immediate danger, prioritize safety first. Call 911 for emergencies. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. Legal strategy comes after physical safety.

If you are facing a New York custody dispute where safety is a concern, the rules governing how a judge weighs your allegations could shift depending on whether Kyra's Law is signed this year. A qualified New York family law attorney can explain how the current best-interest standard applies to your situation and how to prepare your evidence either way.

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.