New York's approach to custody disputes could soon undergo a significant shift. Kyra's Law, a bill that would require family and supreme court judges to treat credible allegations of domestic violence or child abuse as a threshold safety question, passed both chambers of the State Legislature in early June 2026. The legislation now sits on Governor Kathy Hochul's desk, and she has until the end of the year to decide whether to sign it into law.
If enacted, the law would compel judges to weigh safety allegations first, before considering other factors in a custody determination. It would also restrict courts from relying on certain disputed psychological theories that have historically been used to discredit parents who raise abuse concerns. The reform is named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered, unsupervised visit in 2016. Her mother, Jacqueline Franchetti, spent nearly a decade advocating for the change. Should Governor Hochul sign the bill, New York would join a small group of states with similar safety-first custody laws.
The implications for parents in custody battles are substantial. According to a New City, NY family law lawyer, the way evidence is presented early in a case could carry more weight than under current procedures. Police reports, medical records, text messages, photos, and existing orders of protection may become central to that initial safety review. Families dealing with abuse inside a custody case often need to act quickly to protect both their children and their legal rights.
Even if the bill does not become law, the fundamentals of a strong custody case remain unchanged. New York courts decide these matters under the best interests of the child standard, which evaluates each parent's stability, the child's needs, and the home each parent can provide. When parents cannot agree, child custody and visitation issues often end up before a judge, and how each side presents its case matters. Clear records, a realistic parenting plan, and a steady focus on the child rather than parental conflict are essential.
For parents navigating these challenges, experienced legal guidance can make a difference. At Kantrowitz, Goldhamer & Graifman, family law attorney Brandon W. Rothstein, selected to the Super Lawyers list, helps clients build comprehensive plans that address safety concerns and long-term parenting goals. The firm has handled family law matters for four decades from its New City office.
Kyra's Law represents a potential turning point in how New York courts prioritize child safety. Whether or not it is signed, the debate underscores the importance of thorough preparation and informed advocacy in custody disputes. Parents facing such issues should understand their options and take steps to protect their children's well-being.
