New York's approach to custody disputes involving allegations of domestic violence or child abuse could undergo a significant shift if Governor Kathy Hochul signs Kyra's Law, a bill that passed both chambers of the State Legislature in early June 2026. The legislation would mandate that family and supreme court judges treat credible claims of abuse as a threshold safety question, requiring them to weigh such allegations before considering other factors in custody determinations. The bill also restricts courts from relying on disputed psychological theories that have historically been used to discredit parents who raise abuse concerns.
Named for Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016, the law represents nearly a decade of advocacy by her mother, Jacqueline Franchetti. If enacted, New York would join a small group of states with similar safety-first custody laws. The governor has until the end of the year to decide whether to sign the bill.
For parents involved in custody battles, the implications are substantial. Under the proposed law, 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 an initial safety review. Attorneys at Kantrowitz, Goldhamer & Graifman note that families dealing with abuse inside a custody case often need to act quickly to protect both their children and their legal rights. The firm also defends parents who face untrue accusations aimed at gaining an advantage in court.
Regardless of whether Kyra's Law takes effect, the fundamentals of a strong custody case remain unchanged. New York courts decide custody matters based on the best interests of the child standard, evaluating each parent's stability, the child's needs, and the home environment each parent can provide. Thorough preparation—including clear records, a realistic parenting plan, and a focus on the child rather than parental conflict—remains essential. When parents cannot agree, child custody and visitation issues often end up before a judge, where presentation can be decisive.
With four decades of family law experience from its New City office, Kantrowitz, Goldhamer & Graifman emphasizes a personalized approach. Family law attorney Brandon W. Rothstein has been selected to the Super Lawyers list, a recognition awarded to only a small percentage of attorneys in the state. The firm advises that parents facing custody disputes or concerned about how Kyra's Law might affect their family seek legal guidance to understand their options and take appropriate next steps.
