New York's approach to child custody could undergo a significant transformation 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 require family and supreme court judges to treat credible allegations of domestic violence or child abuse as a threshold safety question, meaning such claims must be weighed before other factors in custody determinations. The bill also restricts the use of disputed psychological theories that have historically been used to discredit parents raising abuse concerns.
The law is named after Kyra Franchetti, a 2-year-old killed by her father during a court-ordered unsupervised visit in 2016. Her mother, Jacqueline Franchetti, advocated for the reform for nearly a decade. If signed, New York would join a small number of states with similar safety-first custody laws. The governor has until the end of the year to decide.
For parents involved in custody disputes, the implications are profound. As a New City, NY family law lawyer can explain, the way evidence is presented early in a case could become more critical. Police reports, medical records, text messages, photos, and orders of protection may all play a central role in the initial safety review. Families dealing with abuse inside a custody case often need to act quickly to protect their children and their rights.
Even without the new law, the fundamentals of a strong custody case remain unchanged. New York courts decide based on the best interests of the child, considering each parent's stability, the child's needs, and the home environment. Thorough preparation—clear records, a realistic parenting plan, and a focus on the child rather than parental conflict—makes a difference. When parents cannot agree, child custody and visitation issues often end up before a judge, where presentation matters.
At Kantrowitz, Goldhamer & Graifman, the firm has handled family law matters for four decades from its New City office. Family law attorney Brandon W. Rothstein has been selected to the Super Lawyers list, a recognition given to only a small share of attorneys in the state. The firm examines the full picture, from safety concerns to long-term parenting goals, and builds a plan around the children's best interests.
