Ten years after 2-year-old Kyra Franchetti was killed by her father during a court-ordered unsupervised visit, the bill bearing her name is awaiting Governor Kathy Hochul's decision. Kyra's Law (A6194C/S5998) passed the Senate 60-0 on June 4 and the Assembly on June 5, according to the New York State Senate, and the governor has until the end of the year to act. In August, advocates urging her to sign honored 46 children who have died in New York custody-related cases since 2016, as reported by CBS6 Albany.
For families in Rockland County going through a custody dispute, the bill would bring new deadlines and evidence rules into the courtroom, according to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. Parents on either side of an abuse allegation would need to be ready much sooner than they are today. The firm's family law lawyer in New City, NY provides counsel and representation to parents on custody, visitation, divorce, and related family court matters.
How Kyra's Law Would Change Custody Cases
1. Faster hearings. Courts would have to hold an evidentiary hearing within 20 court days of a credible allegation of domestic violence or a risk to a child's safety.
2. Broader evidence. Judges would review order of protection and sex offender registries, police reports, and evidence of abuse patterns, without requiring formal certification.
3. Limits on unsupervised time. A rebuttable presumption would bar unsupervised custody for a parent found to pose a substantial risk to the child, and courts would appoint an attorney for the child when safety allegations are facially credible.
4. Required judicial training. Judges would complete domestic violence and child abuse training before presiding over contested custody cases.
If signed, the law takes effect 270 days later.
"Whether a parent is raising safety concerns or responding to them, this bill puts evidence at the center of the case, and it moves fast," said Paul Goldhamer, founding partner of the firm. "Parents should start gathering records now, including police reports, messages, and medical documentation, rather than waiting until a hearing is scheduled."
The implications for New York's family law landscape are significant. If enacted, Kyra's Law would expedite custody proceedings involving credible safety allegations, potentially reducing the risk of harm to children. Attorneys and parents would need to adapt to tighter timelines and broader evidentiary standards. The bill's passage reflects growing pressure on lawmakers to address failures in the custody system that have led to tragic outcomes. Governor Hochul's decision will determine whether New York joins other states in implementing stricter safeguards for children in custody disputes.
