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Kyra’s Law: Understand New York’s Pending Custody Safety Reform

Aug 28, 2026 | Family Law

New York lawmakers have passed a significant change to how family courts handle custody and visitation cases involving allegations of abuse — and it’s currently sitting on Governor Hochul’s desk awaiting her signature (at the time of this publication). Known as Kyra’s Law, the bill would reshape how judges evaluate safety concerns in custody proceedings. If you have an open custody case, or you’re considering filing one, here’s what’s actually in the bill and what it could mean for you.

Why This Law Exists

A mother engaging with her daughter, both are smiling, during a parent visit in NY.

Kyra’s Law New York Custody Reform

Kyra’s Law is named for Kyra Franchetti, whose terrible story finally got the state to act. Kyra was a 28-month-old Long Island girl who was fatally shot by her father during a court-approved unsupervised visitation, despite documented warnings about his threatening and concerning behavior. Advocates point out that Kyra is not an isolated case — they cite roughly 38 children killed by a parent during New York divorce or custody proceedings since 2016. That pattern is the driving force behind the legislation, which cleared the Assembly in June 2026 (sponsored by Assemblymember Andrew Hevesi) and has since passed the Senate.

What Kyra’s Law Actually Changes

If signed, the bill would make several concrete changes to how New York family courts handle custody cases where safety is at issue:
  • Prompt safety hearings. Courts must hold a hearing quickly when a party raises credible allegations that a child faces a substantial safety risk.
  • A rebuttable presumption against unsupervised custody. A parent credibly alleged to pose a safety risk cannot be awarded unsupervised custody or visitation unless that presumption is overcome.
  • Safety-first final determinations. Final custody rulings must prioritize and promote child safety, and judges must specifically weigh evidence of abuse, threats, stalking, coercive control, and substance abuse patterns.
  • Protection from alienation mislabeling. Courts will stop characterizing a protective parent’s caution or a child’s reluctance to visit as “parental alienation” without first reviewing the underlying safety evidence. This is important when one spouse hates the other and claims they are a danger to the child. Evidence must be produced and reviewed.
  • Mandatory judicial training and attorneys for children. Judges and hearing officers must complete training on child safety issues, and children are assigned court-appointed attorneys when safety allegations are at issue.
  • New statutory definitions. The law defines “coercive control” and “victim of domestic violence” for the first time, giving courts a clearer standard to apply.
  • Documentation and appeal rights. Judges must issue written or recorded findings explaining their safety determinations, which parties can then appeal.
These provisions would sit alongside — and, in some cases, directly interact with — New York’s existing orders of protection process and the standards courts already use in full-custody determinations.

Where the Bill Stands Right Now

As of late summer 2026, Kyra’s Law (Assembly Bill A6194 / Senate Bill S5998) has passed both chambers of the legislature and is awaiting Governor Hochul’s signature. Child-safety advocates, including the organization Kyra’s Champions, have been publicly pressing her to sign it. If she does, the law would not take effect immediately — under its current language, it becomes effective 270 days after it’s signed, giving the courts time to update procedures, forms, and training before it applies to active cases.

How This Could Affect an Ongoing or Future Custody Case

If you’re currently in a custody dispute where safety, abuse, or coercive control is part of the picture, Kyra’s Law could change how your evidence is weighed and how quickly the court has to act on it. If you’re a parent who has been accused of posing a risk, it also means the standard for contesting supervised visitation or restricted custody is likely to become more structured, with specific findings that the court must make and document.
Either way, this is a case where timing and preparation matter — cases already moving through the system when the law takes effect may be handled differently than ones filed afterward, and the details of that transition are still being worked out.

How a Lawyer Can Help

Custody law in New York is already fact-intensive, and a legislative change like this adds a new layer that’s easy to misjudge without someone tracking it closely. An experienced family law attorney can help you understand how the current standards apply to your case today, how Kyra’s Law is likely to affect it once it’s in force, and how to build a record now — of safety concerns, protective actions, or your own conduct — that holds up under either standard.
Of course, you should stay calm when engaging with your ex-spouse and child during a custody case. Keep records of text messages, email conversations, photos, and more.

Get Help Now

If you have questions about a custody or visitation case involving safety concerns, or you want to understand how Kyra’s Law could affect a case you’re already in, schedule a consultation with an experienced New York family law attorney. Remember, this law has not been signed yet, but knowing the ins and outs of the current NYS custody system is important.

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