Kyra's Law: What Long Island Families Should Know About Proposed Changes to New York Child Custody Law

In New York, family courts determine issues like child custody and visitation for divorcing or separating parents based on what is in the best interests of the child. The Court weighs a variety of factors, like each parent's ability to provide a safe, stable, and nurturing environment. However, a new law known as Kyra's Law could significantly change how courts evaluate those decisions, especially in cases where domestic violence or child abuse allegations are involved.

Kyra's Law is named in honor of Kyra Franchetti, a two-year-old girl from Long Island who was tragically murdered by her father during a court-ordered unsupervised visit in 2016. He then set the house on fire and killed himself. The heartbreaking case drew widespread attention after reports revealed that before the visitation order was issued, concerns about domestic violence and threats against the family had been raised. In response, her mother and other advocates spent years pushing for legislative reforms designed to strengthen child safety protections in custody proceedings. In June of 2026, Kyra's Law passed both houses of the New York State Legislature with bipartisan support, and it is now awaiting action by Governor Kathy Hochul. She has until the end of the year to either sign or veto the law.

If it is enacted, Kyra's Law would require New York courts to place greater emphasis on evidence of domestic violence, child abuse, coercive control, and other safety concerns when deciding child custody and visitation cases. Under Kyra’s Law, judges will be required to prioritize evaluating credible abuse allegations before considering other factors like financial stability or work schedules. This requirement would promote greater transparency while helping ensure that patterns of abuse are not overlooked due to a parent’s otherwise favorable circumstances.

Under current practice, judges can appoint an attorney for the child or order supervised visitation if they have concerns about the child’s safety. However, in a contested case, allegations of abuse can remain unresolved for months while temporary orders, including unsupervised visitation, stay in effect. Kyra's Law aims to target that gap by prioritizing the question of the child’s safety.

For parents involved in a custody dispute, these proposed changes highlight the importance of presenting clear and well-documented evidence. Police reports, medical records, orders of protection, witness testimony, prior Family Court findings, and other relevant documentation may become even more significant in demonstrating whether a child's safety could be at risk. An experienced Long Island family law attorney can help clients gather, organize, and present this evidence effectively while protecting their legal rights.

Importantly, Kyra's Law would not automatically prevent a parent accused of abuse from receiving custody or parenting time. Instead, it is intended to ensure that courts thoroughly evaluate all available evidence before making decisions that affect a child's well-being. Judges would continue to consider the unique facts of every case while balancing the child's safety, stability, and overall best interests.