On June 5, 2026, the New York Legislature passed Kyra's Law, requiring Family and Supreme courts to review domestic violence, child abuse, and lethality risk factors before issuing any temporary or final custody or visitation order. The law, reported by amNewYork, now awaits Governor Hochul's signature before the end of 2026.
Key Facts
| Detail | Summary |
|---|---|
| What happened | NY Senate and Assembly passed Kyra's Law after five years of advocacy |
| When | June 5, 2026 (awaiting Governor Hochul's signature by year-end 2026) |
| Where | New York State — Family Court and Supreme Court custody proceedings |
| Who's affected | Parents, children, and judges in all NY custody and visitation cases |
| Key statute/rule | Amends NY custody best-interests standard under N.Y. Dom. Rel. Law § 240 and § 70 |
| Impact | Mandatory DV/abuse/lethality review before any custody order; required judicial DV training |
Why this matters legally
Kyra's Law fundamentally changes how New York courts must process custody decisions by making domestic violence and abuse evidence a mandatory threshold consideration rather than one discretionary factor among many. The law is named for 2-year-old Kyra Franchetti, who was killed by her father during a court-ordered unsupervised visit in 2016, as reported by amNewYork. For five years, advocates argued that courts too often discounted abuse allegations when awarding visitation.
The practical legal shift is significant. Before Kyra's Law, judges weighed domestic violence under the general best-interests standard, but no statute compelled a structured lethality-risk review before issuing temporary orders. Temporary orders are precisely where danger often concentrates, because they are issued quickly, sometimes without a full evidentiary hearing. Kyra's Law closes that gap by requiring courts to examine abuse and risk factors before any custody or visitation order takes effect, including emergency and temporary orders.
How New York law handles this
New York custody decisions are governed by the best-interests-of-the-child standard codified in N.Y. Dom. Rel. Law § 240 and N.Y. Dom. Rel. Law § 70, which already direct courts to consider domestic violence when it is proven by a preponderance of the evidence. Kyra's Law strengthens these existing provisions rather than replacing them.
Under current law, a finding of domestic violence is one factor a court must consider, but the statute leaves the weight largely to judicial discretion. Kyra's Law adds three concrete requirements. First, courts must affirmatively review allegations of domestic violence, child abuse, and recognized lethality risk factors before issuing custody or visitation orders. Second, judges who hear custody matters must complete domestic violence training, addressing a long-standing criticism that the bench lacked specialized education on coercive control and risk assessment. Third, a companion bill establishes a statewide supervised visitation program administered through the Office of Children and Family Services (OCFS), creating a safer alternative to unsupervised contact when risk is present.
These changes interact with New York's existing protective framework, including orders of protection under N.Y. Fam. Ct. Act § 842. A parent with an active order of protection now enters custody proceedings under a statutory scheme that requires the court to confront the underlying safety question directly, rather than treating the protective order and the custody decision as separate tracks.
Practical takeaways
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Document everything now. If domestic violence or child abuse is part of your case, preserve police reports, medical records, photographs, text messages, and order-of-protection filings. Under Kyra's Law, courts must review this evidence before issuing orders, so organized documentation directly affects the outcome.
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Raise lethality risk factors explicitly. Strangulation history, threats to kill, access to firearms, recent separation, and escalation are recognized danger indicators. Naming them on the record helps the court conduct the risk review the new law requires.
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Ask about supervised visitation. If unsupervised contact is unsafe, request supervised visitation and reference the new OCFS statewide program. Courts now have a designated mechanism to order supervised contact rather than choosing between full visitation and none.
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Do not assume a temporary order is harmless. Temporary custody and visitation orders carry real risk because they take effect quickly. Kyra's Law applies to these orders, so insist that the court complete its abuse and risk review even at the emergency stage.
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Consult a New York family law attorney before any hearing. The law adds procedural steps that an experienced attorney can use to ensure the court follows the mandatory review process in your specific case.
Frequently Asked Questions
When does Kyra's Law take effect in New York?
Kyra's Law passed both chambers of the New York Legislature on June 5, 2026, but it is not yet law. Governor Hochul has until the end of 2026 to sign or veto it. If signed, the statute's effective date will be specified in the bill text, typically within months of signature.
What does Kyra's Law actually require judges to do?
Kyra's Law requires New York Family and Supreme courts to review allegations of domestic violence, child abuse, and lethality risk factors before issuing any temporary or final custody or visitation order. It also mandates domestic violence training for judges who hear custody cases, strengthening N.Y. Dom. Rel. Law § 240.
Does Kyra's Law guarantee I will win custody if I allege abuse?
No. Kyra's Law does not guarantee any outcome. It requires courts to review abuse allegations and lethality risk before issuing orders, but allegations must still be supported by evidence under New York's preponderance standard. A court weighs proven domestic violence within the best-interests analysis under N.Y. Dom. Rel. Law § 70.
What is the OCFS supervised visitation program in Kyra's Law?
A companion bill to Kyra's Law establishes a statewide supervised visitation program administered through New York's Office of Children and Family Services (OCFS). The program gives courts a structured option to order monitored parent-child contact when domestic violence or abuse makes unsupervised visitation unsafe, rather than denying contact entirely.
How is Kyra's Law different from getting an order of protection?
An order of protection under N.Y. Fam. Ct. Act § 842 restrains specific conduct by one party. Kyra's Law instead changes how custody and visitation orders themselves are issued, requiring courts to conduct an abuse and lethality review before ruling. The two work together but address different stages of a case.
Talk to a New York Family Law Attorney
If domestic violence or child safety is part of your custody case, an experienced New York family law attorney can help you present the evidence the court is now required to review. Connect with an exclusive attorney in your county through divorce.law to discuss your situation.
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.